Chapter
2 covers the period February 1838 until July 1846. It examines
the behaviour of, and attitudes of Sir
George Gipps and his administration towards the Aborigines; and the three Acts, the Imperial
Ordinance,
and the Standing Orders to the Border Police; all referring to Aborigines, which were generated
during this period.

The
first document, in 1838, the Colonial
Secretary refers to Copies of Minutes and Memoranda Received, [AONSW
ref: 4/1013]. Just a tantalising glimpse of the
records waiting out there to be brought to light.

Also
in 1838, in "Major
Mitchell's attacks on the Black Natives" [HRA 18th
April, 1838]
Sir George Gipps
wrote to
Lord Glenelg, (Despatch No. 63, per H.M. Ship Buffalo.) that with reference to the attack made on the Black Natives by the exploring party under
Major Mitchell on the 27th May, 1836, and Lord Glenelg's desire that
the case be should be laid before the Law
Officers of the Colony, who should report whether they find any cause to doubt
the lawfulness of Major Mitchell's proceedings, or regard a further enquiry
necessary for vindicating the authority of the Law: Geo. Gipps had the honour to inform
his Lordship that the same has been done, and that he has enclosed a Copy of the Report
which has in consequence been made by the Attorney General.

The
documents, 1838 - 1846.

1837

Major
Nunn, and a massacre by the Mounted Police under his command

" ...there were
rumours to the effect that the mounted police did not always deal thus with the
blacks. One of the better documented episodes of this latter kind occurred in
early 1838. On 19 December 1837 Major Nunn, Commandant of the Mounted Police,
was summoned to Government House where he spoke to Mr Thomson, the Colonial
Secretary, and Colonel Snodgrass. They had received a report from the
Commissioner of Crown Lands for the Liverpool district in the far north-west and
from this it appeared that blacks to the number of 1000 had gathered for the
purpose, it seemed, of challenging the invasion of their territory. Already
there had been outrages on the Namoi, Gwydir and Big rivers, including the
murder of five workmen. It was said that some white men were with the blacks,
and, according to one account, 250 fires had been counted in one camp alone.
Major Nunn was ordered to the north-west with all the police that could be
spared.

After some preliminary
sweeps through the troubled country in which the stockmen in many cases were
afraid to leave their huts, Major Nunn and Lieutenant Cobban of the 50th
Regiment, commander of the First Division of the mounted police, with a number
of non-commissioned officers and about twenty troopers and some stockmen, were
riding in fairly thick scrub in January 1838 when a black suddenly started up in
front of Corporal Patrick Hannan and speared him in the leg. The same black was
about to have a second go but was shot down by Senior-Sergeant John Lee. Hannan
broke off part of the spear and rode to the rear whereupon the troopers took up
the cry, 'Damn them. They have speared Hannan', and rode into the blacks, who by
now faced them in considerable numbers. Because of the scrubby nature of the
country the police soon scattered, and the commandant found it impossible for a
time to maintain discipline. After the action a station superintendent, Lamb,
was able to identify stolen property abandoned by the blacks, while Sergeant
Dean collected over 300 spears. It is difficult to determine how many blacks
were killed but Sergeant Lee believed it to have been between thirty and forty.
Critics of the police said many more had fallen. Indeed, it was alleged that
Major Nunn had boasted of 'popping off with holster pistol at the blacks
whenever they appeared from behind a tree'. For good measure it was also alleged
that in a side action Sergeant Temple had disposed of eighty. In after years it
was said that a place called Gravesend, a mountain near Cobb's Station, where
white men had been murdered at this time, used to be pointed out as a place
where about 200 blacks had been killed.

One reason why the
truth of this action was never discovered was that the officers neglected to
take proper records of evidence at the time. Moreover the attention of the
authorities was distracted by the Aboriginal massacre of a party of overlanders
in what is now Victoria. This necessitated the dispatch of some of the police to
the south while a massacre of blacks by stockmen near the scene of Nunn's action
also diverted attention from the Nunn affair. In the end the Executive Council
decided that the police had been justified in the use of force, though it
deplored the number of Aborigines who fell. There was some irony in the fact
that the police helped in arresting the stockmen later hanged for the Myall
massacre ..."

[Source: O'Sullivan,
John; Mounted Police in N.S.W. A history of heroism and duty since 1821. Rigby
(1979) pp. 24-27)]

1838

Colonial
Secretary: Copies of Minutes and Memoranda Received, 1838

(AONSW
ref: 4/1013). This bundle also contains policy drafts, Minutes, and
correspondence relating to land rights sovereignty, and conflict between British
settlers and Aboriginal people. Copies of the Bill are also in the New South
Wales Parliamentary Archives.

"Major Mitchell

's

attacks on the Black Natives"

18th
April, 1838

Government House Sir George Gipps to
Lord Glenelg, (Despatch No. 63, per H.M. Ship Buffalo.)

"With reference to
that part of Your Lordship's Despatch of the 26th July, 1837 .. which
directs that the proceedings of the Executive Council of New South Wales,
relative to the attack made on the Black Natives by the exploring party under
Major Mitchell on the 27th May, 1836, should be laid before the Law
Officers of the Colony, who should report whether they find any cause to doubt
the lawfulness of Major Mitchell's proceedings, or regard a further enquiry
necessary for vindicating the authority of the Law, I have the honour to inform
your Lordship that the same has been done, and to enclose a Copy of the Report
which has in consequence been made by the Attorney General.

I have, &c., Geo. Gipps.
[Enclosure]
[A copy of this Report will be
found in a volume in series V.] "(HRA)

On the subject
of the treatment of the Aboriginal inhabitants of this Country

25 April 1838

(HRA)
Sir George Gipps to Lord Glenelg ".. on the subject of the treatment of the
Aboriginal inhabitants of this Country, and the measures which are to be adopted
when any of them come to a violent death by the hands of the Queen's officers or
by people acting under their orders, I regret very much that I have to state to
your Lordship that a case has already occurred, in which I found it necessary to
act on your Lordship's instructions ... Your Lordship will perceive by the
accompanying report, made to me by Major Nunn of the Mounted Police, that,
previously to my arrival in the Colony, a rencontre had taken place between a
part of the Police under his orders and a Tribe of the Natives, in which there
is but too much reason to suppose that a number of the latter lost their lives.
On the receipt of Major Nunn's Report, I deemed it my duty to lay it before the
Executive Council ... and also a copy of the Report of the Committee of the
House of Commons, which was appointed ... to enquire into the condition of the
Aborigines in the British Possessions; [find the Copy of the Minutes referred
to]

I had previously consulted the Attorney
General on the same subject, and as the advice (note 81) of the Council was
entirely in occurrence with the opinion expressed by him, I have since given
orders for an investigation into all the circumstances of the case to take place
before the Police Magistrate and Bench of Justices ... at Invermein in the
County of Brisbane, that Bench being the nearest to the scene of action ...

As your Lordship expressed an opinion
... that an investigation in cases of this nature might be held ... I could not
have made a selection of any particular Magistrates, without exposing myself to
the charge of partiality and of deviating without sufficient reason from the
course of proceedings, adopted in the Colony in cases of a similar nature, where
the lives of white men are concerned. As the affair took place far beyond the
boundaries of location, and in a Country which has rarely, if ever, been visited
by Europeans, it is impossible to ascertain with any great deal of correctness
the exact scene of it, or of the particular Tribe which Major Nunn fell in with
... the Surveyor General is inclined to suppose that that the affair happened ..
300 miles to the North and 70 to the West of Sydney.

I have, &c.,

Geo. Gipps.
HRA

Notice re
inquests on aborigines

27th April, 1838.

Sir George Gipps to Lord Glenelg "In my Despatch ... I detailed to your
Lordship the measures which I thought it right to adopt in consequence of a
recent collision between a party of Mounted Police and a Tribe of Native Blacks,
and I have now the honor to acquaint you that I have further deemed it
necessary, with the advice of my Executive Council, to issue a Government Notice
declaring that, in all cases where any of the Aboriginal Inhabitants of this
Territory shall lose their lives in consequence of a quarrel or collision with
white men, an Inquest or Inquiry shall be held, precisely similar to that which
is held in located parts of the Territory when a white man comes to a violent or
sudden death, and also declaring that the Commissioners of Crown Lands, beyond
the Boundaries of Location, shall act as Protectors of Aborigines. ... Your
Lordship is, I am sure, well aware of the extreme difficulty of devising any
measure that shall effectually check the outrages, which, I regret to say, are
now of frequent occurrence beyond the boundaries of location ... I have also
deemed it necessary to republish a Notice, which appeared in the Government
Gazette on the 16th Septt. (sic)
1837, on the subject of the forcible retention by white men of women
belonging to the Aboriginal Tribes, which there is reason to fear is often the
immediate cause of these outrages.

May 2nd, 1838
P.S..- Since the above Despatch was written, I lament to say that that
information has been received .. which, being calculated to exasperate the
public mind against the Blacks, renders it in my opinion desirable to defer the
publication of these Notices for a few weeks. To the North, and in the
neighbourhood of Major Nunn's late operations, a man in charge of a Cattle
Station .. has been found barbarously murdered, and also two other men ... From
the South, we have accounts of a large Convoy of Sheep and Cattle ... having
been attacked ... and eight men killed out of eighteen ... the particulars of
this last occurrence I have not yet received; but I have directed a Civil
Stipendiary Magistrate and a party of the Mounted Police to proceed .. to the
spot, and have given them particular instructions for their guidance. The
Blacks, who are supposed to have murdered the two men ... will be tried before
the Supreme Court."

[Gipps to Glenelg, 27 April, 1838, HRA]

An apprehension .. of the mischief that might ensue,
if any offence were given to the Officers and Men of the Mounted Police

27th
April, 1838

Sir George Gipps to Lord Glenelg (HRA)
(page 399) "...the measures which I have thought it right to adopt, in
consequence of the late unfortunate Collision between a party of Mounted Police
and a party of the native Blacks ... I have reported to your Lordship that a
Government Notice is on the point of being issued, declaring the Commissioners
of Crown Lands beyond the boundaries of location to be charged with the duty of
protecting the Native Blacks. Your Lordship must be, I am sure, aware that these
matters are calculated to produce a considerable sensation in the Colony, and
that therefore much management is required in the treatment of them. In the
Executive Council, an apprehension arose of the mischief that might ensue, if
any offence were given to the Officers and Men of the Mounted Police .... Major
Nunn has stated to me that he thinks the party of Natives, he fell in with, must
have consisted of not far short of 1,000 persons, including women and children;
that they consisted of tribes but little accustomed to intercourse with white
men; and that they are particularly dexterous with their spears as well as a
peculiar instrument called a Boomering which they hurl with great effect. Your
Lordship will observe that Major Nunn does not state in his report the number of
men that were killed; but ... I should not think they were less than ten or
twelve, beside a number wounded ...I lament to say that we have since heard of
some outrages, which have the appearance of being retaliatory on the part of the
Blacks ....."

[Letter
from the Colonial Secretary of Van Diemen’s Land to the Colonial Secretary
of New South Wales, 22 August 1838 (HRA?)

]

Gipps
to Glenelg

27
April 1838

1 lament to say
that we have since heard of some outrages, which have the appearance of
being retaliatory on the part of the Blacks. One white man at a distant
Cattle station, belonging to a Mr. Fitzgerald, on the river Gwyder, has been
most barbarously murdered, and some Cattle belonging to the same person
slaughtered in a way that seems also to indicate its having been an act of
revenge, rather than one of ordinary rapine, though I am not without hope
that they may prove unfounded.

I have, &c,
Geo. Gipps

P.S., May 2nd,
1838.—I regret very much to have to state that the rumours, alluded to in
the concluding paragraph of the above Despatch, have proved but too true;
two men belonging to a Surveying party having been found murdered in a part
of the Country, not very distant from the scene of Major Nunn's operations.

The parties
however, who committed these murders, have all been taken, and, as there
seems no reason to doubt their identity, they will all
be tried at the next Sittings of the Supreme Court.

Atrocities of a
still more serious character have also, I regret to say, been reported,
since the above Despatch was written, from quite another part of the
Country. A party consisting of no less than eighteen men, who were driving a
large herd of Cattle and a considerable number of sheep from the County of
Murray to Port Phillip, were attacked on the 13th ulto. by a party of 300
Blacks and eight of them killed. I have as yet no particulars of the
occurrence; but I have directed a Civil Stipendiary Magistrate and a party
of the Mounted Police to proceed with all possible despatch to the spot. G.
Gipps.

Sir George Gipps to
Lord Glenelg.

"The
influx of Capitalists ... the subject of Immigration
from India ..."

"So long as
the demand for labour, created by the influx of
Capitalists, continues at its present rate, the supply afforded by
means of Immigration alone must 1 think be found deficient ...
I am very happy that I have received your Lordship's instructions on the
subject of Immigration from India, as this means of supplying labor would,
if carried to any extent, lie fraught in my opinion with evils of the
highest magnitude."

I have received Colonel Snodgrass's dispatch No. —
of the 23d February
last, and I have to convey to you the sanction of Her Majesty's Government to
the appointment of a Sergeant and six Rank and file of the Mounted Police of
New South Wales for the service of the Settlement at Port Philip and also an
addition of one Assistant and a Clerk to the Survey Department in that
Province. I
have, &c,Glenelg.

"A rencontre with a party of the Mounted Police
under the command of Major Nunn ..."

In my Despatches of the 25th and 27th April last, Nos. 67and (58, I informed your Lordship of various outrages, which had taken place in the remote districts of this Colony beyond what
are called the boundaries of Location, and of the measures which it was then my intention to adopt.
In the Despatch of the 25th April, I stated that an enquiry was about to be
instituted at Invermein into the circumstances, under which a number of the
Aborigines lost their lives in a rencontre with a party of the Mounted Police
under the command of Major Nunn, and, in that of the 27th, I informed your
Lordship of my intention to issue a Government Notice on the subject,
though in a Postscript to the same I stated that, in consequence of events
which had come to my knowledge since the Notice was prepared, I had been
induced to suspend the issue of it for a few weeks.

I lament now to have to state to your Lordship that, in consequence of the
continuance of similar outrages, the calls for the services of the Mounted
Police have been so constant that I have not been able to spare the men, who would have been required as witnesses
in the proposed investigation at Invermein, also that, under the advice of
the Executive Council, I have refrained from issuing the proposed Notice on
account of the degree to which the Public mind continues to be exasperated
against the Blacks.

On the 18th ulto., a Memorial was transmitted to me by a number of
gentlemen interested in the opening of the Country near Port Phillip, of which
I enclose a Copy; but, in so doing, as well as in transmitting to your
Lordship a copy of my answer to it, it is necessary that I should explain to
your Lordship that some of the gentlemen, who signed this Memorial, had
previously waited upon me and requested that I would either myself levy war
against the Blacks, or sanction the enrolment of a Militia for that purpose
and allow them to be supplied with Arms and Munitions of War from Her
Majesty's stores; and that it was (as I presume) in consequence of my
declining to do either, that their subsequent Memorial was, contrary to usual
practice, addressed to the Governor and the Executive Council instead of the
Governor alone.

I have the honor to enclose a short abstract of the principal outrages
between Blacks and Whites which have been reported in the last three months.
Your Lordship will observe that a large proportion of these acts of violence
occurred in the neighbourhood of Port Phillip, or on the road between the
settled parts of the Colony and that place; the reason of which is that large
herds of Cattle and flocks of sheep have been recently driven through these
extensive tracts of Country, with a very insufficient number of people to
guard them, often not more than in the proportion of one man to several
hundred sheep; That, under these circumstances, predatory attacks should have
been made on them by the Natives, does not I must say appear to me in the
least degree to lie wondered at.

Your Lordship must be aware that it is quite out of the power of this
Government to give to the proprietors or their Flocks the protection they
desire; even if we were restrained by no sense of humanity towards the
Blacks,
the resources of the Government would be quite insufficient to keep Military
parties always in advance of persons, who are migrating in search of
pasturage, advancing often 50 miles in a single season, and in the ease of
Port Phillip having stretched to a distance beyond our former limits of
between three and four hundred miles in the last three years.

If Proprietors, for the sake of obtaining better pasturage for their
increasing flocks, will venture with them to such a distance from protection,
they must be considered to run the same risk as men would do, who were to drive their sheep into a Country infested with
wolves, with this difference however that, if they were really wolves, the
Government would encourage the shepherds to combine and destroy them, whilst
all we can now do is to raise, in the name of Justice and humanity, a voice in
favor of our poor savage fellow creatures, too feeble to be heard at such a
distance.

Your Lordship will not fail to observe that, of the outrages enumerated in
the accompanying list, some took place two or three hundred miles to the North
of Sydney, others at more than 500 miles to the South, and some (at Geelong,
the Western limit of Port Phillip) at a still greater distance.

In order to keep open the communication between Sydney and Port Phillip, it
is my intention, with the concurrence of the officer in command of Her
Majesty's Troops, to establish Military Posts on the road; and 1 forward a
sketch on which the places of these proposed posts are marked, they being, as
your Lordship will perceive, the places where the road crosses the following
streams on the way, viz., the Murray, the Ovens, the Violet Creek, and the
Goulburn.

It was between the Violet Creek and the Ovens, and at a distance of 400
miles from Sydney, that the attack was made on Mr. Faithfull's Convoy of
sheep and Cattle on the 11th April last, in which seven of his men were
killed, and all the rest dispersed. These men (who were chiefly convicts) did
not defend themselves, but ran at the first appearance of their assailants,
though, as there were 15 of them with fire arms in their hands, they ought to
have beaten off any numbers however great of naked savages.

As soon as information reached me of this aggression, I sent a Magistrate
with a party of the Mounted Police to the spot; but, after a fruitless search
of 41 days, they returned without having seen a single native. I thought it
right to send a Civil Magistrate with the party, and I have the honor to
enclose your Lordship a copy of the Instructions with which I furnished him.

The 3rd outrage enumerated in the List, which I lay before your Lordship, is
one, I lament to say, committed not by the Blacks, but on them. As yet
I have received no official report of the circumstances of the case, though I
have in like manner, as I in the one just mentioned, sent a Civil Magistrate
and a Party I of Mounted Police to enquire into it, and collect evidence in
order to bring if possible the offenders to justice. There is too much reason
to fear that in this case twenty two human beings, including several women and
children, have been deliberately put to death by a party of white men, and this occurrence happened not in the
neighbourhood of the spot, where the attack on Mr. Faithfull's men was made,
but a distance of perhaps 500 miles to the North of it. I have, &c,

Geo. Gipps. [Enclosures.][Copies of these papers will be found in a volume in series ///.]

"I have received Colonel Snodgrass' dispatch No. 28 of the 22d February
last, reporting the arrival of the Ship Minerva with Emigrants sent out by
private Individuals on Government Bounties and communicating the circumstance
that the prevalence of a contagious fever on board that Vessel had rendered it
necessary to place the Vessel and passengers under Quarantine ...."

Votes
and Proceedings of the Legislative Council

Friday, 10 August, 1838

“ ... His Excellency the GOVERNOR
took the Chair, and laid upon the Table,

(1) The Report of a Select Committee of
the House of Commons, appointed (20 February 1837) ‘to consider what Measures
ought to be adopted with regard to the Native Inhabitants of Countries where
British Settlements are made, and to the Neighbouring Tribes, in order to secure
to them the due observance of Justice, and the protection of their Rights, to
promote the spread of Civilization among them, and to lead them to the peaceful
and voluntary reception of the ‘Christian Religion.’ Printed by order of the
House, 26 June 1837, with the Minutes of Evidence and Appendix.

(2) A Despatch from the Right Honorable
Lord Glenelg, No. 72, dated 31 January 1838, referring to former communications
on the subject of the better Protection and Civilization of the Native Tribes
within the Limits of the Government of this Colony, and intimating that with a
view towards the accomplishment of those objects, Mr. G.A. Robinson, who has
been for some time past in charge of the Aboriginal establishment at Flinders
Island, has been appointed to fill the Office of the Chief Protector of
Aborigines; whose principal station is proposed at Port Phillip, with the aid of
four Assistant Protectors ...”

Aborigines
Question: Motion made, and Question put, That a Committee be appointed to inquire into the present state of the
Aborigines,
and to take Evidence,
particularly as to the consequence of their intercourse with the Colonists, and the results of
the efforts that have been made to introduce Civilization, Education, and
Christianity amongst them; and to inquire into the state, progress, and effects
of the several Missions now employed amongst the Aboriginal tribes.Passed. ,Moved, that the various documents relative to the
subject of the intercourse with the Aborigines, laid by the Governor before the
Council, on Friday last, be referred to the Committee." .'

.'

...COMMITTEE APPOINTED:—

THE
RIGHT REV. THE LORD BISHOP OF AUSTRALIA

THE
COLLECTOR OF CUSTOMS.MR. BLAXLAND

THE
AUDITOR GENERAL.MR. MACARTHUR.

ABORIGINES
QUESTION.

REPORTFROMTHECOMMITTEE

Appointed
to inquire into the present state of the Aborigines, and to take Evidence,
particularly at to the consequence of their intercourse with the Colonists, and
the results of the efforts that have been made to introduce Civilization,
Education, and Christianity amongst them; and to inquire into the state,
progress, and effects of the several Missions now employed amongst the
Aboriginal tribes..
.

YOUR
Committee have proceeded, so far as their opportunities have enabled them, to
examine evidence for the purpose of ascertaining the existing condition of the
Aborigines of this colony; and have the honour to lay before the Council, the
information which they have collected.Within the time which it has been in the power of the Committeeto
allot to the discharge of the duty entrusted to them, it has not been possible
to obtain the testimony, of so many witnesses as it might be desirable to
interrogate, upon a subject so interesting to humanity, and so vitally connected
with the welfare of the colony.Neither
have they been enabled to direct their own attention so closely to the different
points requiring examination, or to be able conscientiously to pronounce an
opinion, or to recommend the adoption of any particular course.Upon one subject only, have they after full consultation arrived at any
agreement; and that subject is, the proposition which has been made for the
removal to this colony of those natives of Van Diemen's Land, who are now located
on Flinders' Island.It is
not desirable, in the opinion of your Committee, that this suggestion should be
complied with.Not to enter
into a detail of all the reasons which have impelled them to form this
conclusion, your Committee deem it enough to state that the measure in question
would entail an

Expense
upon the inhabitants of the colony … at the imminent risk of exposing them to
acts of violence and rapacity on the part of the Aborigines, similar to those by
which the colony of Van Diemen’s Land was formerly devastated, and rendered
almost untenable by the white population. The natives now assembled on Flinders
island, are the relics of the men by whom those ravages were perpetrated; and
there is but little doubt, may themselves have been personally engaged in acts
of violence, rapine and murder. It is impossible to say that the seeds of the
same evil disposition may not be lurking within their minds … &c. &c.
W.G. AUSTRALIA. Chairman.”

[Source: New South Wales Legislative Council, Report from the Committee of the
Aboriginal Question October 12, 183 ]

“ .... In 1825 Sadleir went to New South Wales and
... undertook an official tour to investigate the condition of the Aboriginals
and their relationship with the settlers. Sadleir’s study was long and
thorough, and his concern for the natives remained active. He gave evidence on
the subject before a Legislative Council Committee in 1838, and, late in life,
published a short book on the Aborigines
of Australia (Sydney, 1883).”

Letter from
the Colonial Secretary of Van Diemen's Land, to the Colonial Secretary of Sew
South Wales, stating that Mr. G. A. Robinson is
empowered to make arrangements for the removal to New Holland, of the
Aboriginal Natives at Flinders Island, and that Sir John Franklin is prepared
to meet in a liberal manner the question of the expense of their future
support and to cooperate in
every measure for their welfare.

Van
Diemen's Land, Colonial Secretary's Office,

Sir,

I have the
honor by direction of Sir John Franklin, to acknowledge the receipt of your letter of the
l5th ultimo transmitting copy of a Despatch, dated
31st January last, from the Right Honorable the Secretary of State for the
Colonies, addressed to His Excellency Sir George Gipps, relative to the
adoption of some plan for the better protection and civilization of the native
tribes -within the limits of the Government of New South Wales.

I am to
inform you that the Lieutenant Governor had been honored, on the 28th June
last, by a copy of the Despatch above alluded to, in a communication addressed
to him by Lord Glenelg, in which His Lordship intimated his desire that the
situation of Chief Protector of Aborigines should be offered to Mr. G. A.
Robinson, at present in charge of the Aborigines Establishment at Flinder's
Island; this instruction was immediately complied with, hut owing to the
severe gales in the Straits, Mr. Robinson's decision in this matter, could not
be ascertained until the 18th instant, when he arrived at Hobart Town,—and I
have now to notify his acceptance of the office tendered him by the Secretary
of State, and that he proceeds to Sydney in the vessel which conveys
this.

As to
supplying Liquors to Aboriginal Natives

[26th Sept 1838.]

"Acts and Ordinances of the
Governor and Council of New South Wales and Acts of Parliament enacted for, and
applied to, the Colony. Aboriginal Natives. s 2 Victoria, No. 18, sec. 49. An
Act for Consolidating and amending the Laws relating to the Licensing of
Public-houses, and for further regulating the Sale and Consumption of Fermented
and Spirituous Liquors in New South (see
Gazette 23 Dec 1849). XLIX. And whereas, the introduction of intoxicating
liquors among the aboriginal natives of New South Wales and New Holland, is
productive of serious evil to the said aboriginal natives and others: Be it
enacted, that if any person whosoever, whether licensed or unlicensed, under
this Act, shall sell, or supply, or give any spirituous liquor, or mixed liquor,
part whereof is fermented, in any quantity which shall produce intoxication, to
ant aboriginal native of New South Wales or New Holland, he or she shall for
every such offence forfeit and pay (over and above any penalty which may be
incurred for the sale of such liquor without a license) a penalty of five
pounds, to be recovered before any one or more Justices of the Peace.

George Gipps, Governor. s See post,
Licensed Publican."

No 8. Statement
of Expenditure on Account of the Aborigines of New South Wales, For the Year
1838.

"Port Phillip: Salaries of the
Chief, and four Assistant Protectors of Aborigines, Eight Tents, Four Carts,
Harness and Equipments, Passages, and allowances for outfits, Stationary and
Medicines; Mission Institution under Mr Landhorne, Salaries, Provisions,
Clothing, Tools, Stores and Utensils, Stationary and Incidental Expenses,
Arrears-Provisions, Fuel and Light, from 23 Sept. 1836, to 31st Dec.,
1837; In aid of the Wesleyan Mission to the Aborigines, a larger amount having
been raised by Private Subscription; In aid of the Mission to the Aborigines,
under the Church Missionary Society, at Wellington Valley; Salary and Allowance,
to the Rev. LE Threlkeld, employed in the civilization of the Aborigines, at
Lake Macquarie; In aid of the German Mission to the Aborigines, at Moreton Bay,
an equal sum having been raised by private subscription; Cost of Blankets
distributed to the Aborigines in the various districts, cost of Medicine [Five pounds 18 shillings]Carriage
of Blankets 1836 and 1838: Total expenses of Aborigines ... Four thousand, six
hundred and forty eight pounds and seven pence."

Roberts, John (Widjabul Elder) "All the Aborigines got was the
blankets."

No.9. Statement
of the Expenses of the Colonial Government Establishments, at Port Phillip. For
the Year 1838.

In my Despatch of the
21st July last, No. 115, I brought under your Lordship's notice a long list of
atrocities, committal both by and on the Aborigines of this Country; and I
thenstated that I had
despatched a party of Mounted Police in search of some white men, who were
supposed to have put to death in cold blood not less than twenty two helpless
and unoffending Blacks; it is now my painful duty to inform your Lordship
that seven of the perpetrators of this atrocious deed, having been convicted
on the clearest evidence, suffered yesterday morning the extreme penalty which
the law awards for the crime of murder.

The act, for which
these men have paid the forfeit of their lives, took place on the evening' of
Sunday, the 10th June last, at or near a Cattle station, belonging to a person
of the name of Henry Dangar, distant
perhaps 350 miles from Sydney in a direction due North, on the banks of the
Myall Creek. This Creek is a branch of the Big River, which is supposed to
fall into the sea at Shoal Bay, in about Lat. 29° S.; but your Lordship is
aware that this part of the Country is so little known, that it is impossible
to fix the spot with any degree of precision. On the banks of the Big River,
there are several Cattle stations besides that of Mr. Dangar; and it appeared
on the trial that, for some weeks previous to the 10th June, not less than
fifty Blacks of all ages and sexes had been living at these different stations
(but mostly at Mr. Dangar's) in perfect tranquillity, neither molesting the
Whites nor being themselves molested by them. In consequence of some old
quarrels, however, or possibly from accounts having reached the place of
occurrences in other quarters, determination seems to have been formed by
the white men to put the whole of the Blacks to death. On the afternoon of
Sunday, the 10th June, a number of them suddenly surrounded the place, where
more than thirty of the Blacks were assembled; they tied them all to a rope in
the way that Convicts are sometimes tied, in order to be taken from place to
place in the Colony, marched them to a convenient spot about a quarter of a
mile off, and put them all, with the exception of one woman and four or five
children, deliberately to death. The following day, Monday, the 11th June, the
same white men scoured the Country on horseback, endeavoring to find ten or
twelve of the Blacks, who, having left Danger's station on the morning of the
10th, had survived the massacre. These ten or twelve persons have never been seen or heard of since, and it is doubtful to this day whether
they were not
overtaken and murdered also. The first account of these deeds of blood reached
Sydney about the end of the month of June. I despatched, with as little delay
as possible, a Stipendiary Magistrate (Mr. Day), on whose activity and
devotion I could rely, and a party of Mounted Police, in search of the
Murderers; and Mr. Day, after an absence of 53 days, reported to me in
person that, having come unexpectedly to theCattle station of Mr.
Dangar, he had succeeded in capturing no less than eleven out of the twelve
persons, who were known to have taken part in the massacre. When Mr. Day
arrived at the spot, some few scattered human bones only were visible, great
pains having been taken to destroy the whole remains of the slaughtered Blacks
by fire; but undeniable evidence was procured of more than twenty human heads
having been counted on the spot within a few days after the day of the
massacre; and the best accounts lead me to suppose that the number of persona
murdered of all ages and both sexes was not less than 28. The eleven persons
apprehended by Mr. Day, all arrived inthis Country as
Convicts, though, of some of them, the sentences have expired.
The twelfth man or the one who has escapedis a free man, a
native of the Colony, named John Fleming.The eleven men were
all brought to trial on the 15th November on the information lodged against them by the Attorney General containing nine
Counts. The first four Counts charged them in various ways with the murder of
an Aboriginal Black named Daddy, the only adult male who could be identified
as one of the murdered party; the five other Counts charged them (also in
various ways) with the murder of an Aboriginal male Black, name unknown. The
Jury on this occasion acquitted the whole of the Prisoners.

The Attorney General
immediately applied to have them detained on the further charge of murdering
the women and children, none of whom had been comprehended in the first
Indictment ; and, this being done, seven of these men on the 27th of the
same month (November) were again brought before the Supreme Court tin the
charge of murdering a child. On this occasion, the first five Counts charged
them simply with the murder of an Aboriginal Black Child; other Counts
described the Aboriginal Child by the name of Charley. The Attorney General
laid this information only against Seven of the Prisoners instead of the
whole -eleven, in order that they might have the opportunity of calling the
other four, if they chose to do so, as witnesses in their favor, but
which they did not do. On being brought this second time before the Court, the
Prisoners, who were defended by three of the ablest Counsel at the Bar
entered: on the first five Counts a Demurrer, to the effect that there was not
sufficient certainty in the description of the Aboriginal Child, neither the
name, nor the sex being mentioned; and, against the other Counts of the
Indictment, which charged them with the murder of a Boy called Charley, they
entered the Plea of " Autre fois acquit," saying that it was the
same offence, for which they had been already acquitted. The presiding Judge
(Mr. JusticeBurton) overruled
their Demurrer, declaring that there was sufficient certainty in the
description of the child, though neither the sex nor name was mentioned; and,
upon their Plea of "Autre fois acquit," issue being joined
by the Attorney General, a Jury was empanelled to try whether the
Offence, with which they then stood charged, was or was not the same as that
for which they had already been acquitted. This Jury found that it was not the
same offence. The seven men were consequently two days afterwards, on the 29th
Nbvr., put on their trial for the murder, of the child, and found Guilty on
the first five Counts, which described the Child merely as a Black
Aboriginal; but were acquitted upon the Counts, which charged them with the
murder of a Child named Charley, sufficient proof of the name of the child not
being adduced.

The seven men were
brought up for judgment on the 5th inst., upon which occasion their
Demurrer, as well as their Plea of Autre fois acquit," was
brought under the solemn consideration of the three Judges of the Supreme
Court, and sentence of death was not passed upon them, until after the
three Judges had unanimously expressed their opinion, against the
validity of their Demurrer, and their satisfaction with the verdict
of the Jury, which had been empanelled on their plea of "Autre fois
acquit."

The Report of the
Judge (Mr. Justice Burton), who presided at the trial, was received by myself
and the Executive Council on Friday, the 7th instt., when, no mitigating
circumstances appearing in favor of any of them, and nothing to shew that any
one of them was less guilty than the rest, the Council unanimously advised that the sentence of the law should take effect on them;
they were
accordingly ordered by me for Execution and suffered yesterday morning
at 9 o'clock.

I enclose for your
Lordship's information copies of the following documents:—

1. Copy of the
Notes of the Chief Justice, taken on the 5th Novr., at the
trial of the eleven men for the murder of the Aboriginal named Daddy, which
ended in an acquittal;

2. Report of Mr.
Justice Burton of the proceedings on the 27th Novr. on the Demurrer of the
seven prisoners, and on the trial of their Plea of " Autre fois acquit
";

3. Minute of the
Proceedings of the Executive Council on the 7th inst., to which is appended
a Copy of the report made to the Council by Mr. Justice Burton of the trial at
which the seven men who have been executed, were found guilty.

It will be
satisfactory to your Lordship to hear, that the smallest doubt does not exist
of the guilt of the men who havebeen executed, or of
their all having been actively engaged in the massacre. The whole eleven would
indeed, I have reason to believe, have pleaded guilty at the first trial, if
not otherwise advised by their Counsel. After condemnation, none of the seven
attempted to deny their crime, though they all stated that they thought it
extremely hard that white men should be put to death for killing Blacks. Until
after their first trial, they never I believe thought that their lives were
even in jeopardy.

Three Petitions were
presented to me in their favor, though not very numerously signed, one from
Sydney, another from Parramatta, and the third from Windsor, bull did not feel
that I could consistently with my public duty pay regard to them.

I have, &c., Geo.
Gipps (Enclosures: Copies of these
papers will be found in a volume in series IV.)

Connected with the
trial of the men whose executionfor murder I have
reported in my Despatch of yesterday's dateNo. 200, there are some
circumstances which I think it right;to bring separately to
your Lordship's knowledge. The apprehension of so
many as eleven men for the murder of the Blacks, and the determination of tho
Government to bring them to trial, created an unusual sensation in the Colony,
and a Meeting was held at Patrick's Plains, a place on. the Hunter River about
30 miles above Maitland, at which the sum of, I believe, about £800 was
subscribed to defray the expences of defence.

The person who presided
at this Meeting was Mr Robert Scott, a Magistrate of the Territory, who, from
his
property, family connections, and the prominent part usually taken by him public
affairs, may be considered a person of note in the community. At this same
Meeting, a Petition or Memorial was adopted, which was subsequently presented
to me by a Deputation, of which Mr. Scott was the leader. In all this, I
saw nothing to find fault with. I could not be displeased that the Accused should have Counsel employed for their defence.
The meeting at Patrick's Plains was
held before the whole atrocity, which marked the murders, was known to the
Public. The persons,who attended it, might
reasonably have supposed that the accused had only acted in defence of their
Master's property against the aggressions of the Blacks, and the Memorial
addressed to myself asked for nothing more than equal justice to both
parties. I cautiously therefore avoided expressing in any way disapproprobation of Mr.
Scott's proceedings. The case however was altered, when a few days afterwards
the Attorney General reported to me that Mr. Scott had visited the eleven men
in prison and, in the presence of the Gaoler, advised them not to split among themselves, saying that there was no direct evidence
against them, and
that, if they were only true to each other, they could not be convicted. Mr.
Scott happening to call upon me so soon after this occurrence, I thought it right
to inform him of the report which had been made to me by the Attorney General,
telling him, however, that, until the trial of the men should be over, I was determined to
say or do nothing more in the matter. this occasion, Mr. Scott fully,
acknowledged that he had visited the men in prison, and spoken to them the words
which been reported to me; he said, however, that, when he did so, he did not
know the full extent of the case against them, not having then read the
Depositions taken before Mr. Day; and that, after reading the Depositions, he
was sorry for what he had done. From that moment, I supposed that Mr. Scott
would at least haveceased to take any personal part in the defence of the
men, and it was therefore with the greatest surprise I subsequently learned that
he was seated in Court at their trial, close to the Bar, and by the side of
their Attorney, thus making himself a party to their defence to the very last.

A New Commission of
the Peace was at this time on the point M being issued, having been
rendered necessary by the lapse of nearly eighteen months from the death of the
late King. I thought I could not, consistently with my duty, continue Mr.
Scott's
name in it, and immediately after the trial was over I told him it would be
omitted.

The Commission was
issued on the 8th Inst., and I have to report to your Lordship that Mr. Robert
Scott's name does not appear in it. '

I will only further
express to your Lordship my opinion that the proceedings of Mr.
Scott did materially interfere with, and have in part prevented the due
administration of Justice. His appearance at the first trial contributed, I have no doubt, to a verdict from the Jury directly against
the evidence; it was in consequence of the Attorney General's knowledge of the advice given by Mr.
Scott to the men in Gaol, that no ipt was made on the part
of the Crown to get an approver."

With my Despatch of the
20th Feby. last, No. 32, I had the honor to forward to your Lordship a Copy of
the address with which I opened, on the 14th of the same month, an extraordinary
Session of the Legislative Council of this Colony, and also a Draft of the Bill
which I then laid before the Council for the establishment of a Police Force
beyond the limits of location. I have now the honor to submit to your Lordship
the Act as it has passed the Council, and to express a hope that it may, on
your Lordship's recommendation, receive the approval of Her Majesty.

With respect to former
Acts which have been passed to regulate the occupation of Crown Lands beyond the
Borders of Location, I beg to refer your Lordship to Sir Richard Bourke's
Despatch of the 14th Sept., 1836, No. 100, and to my own Despatch of the 7th
Novr., 1838, No. 180, and a separate Despatch of the same date. The Act, now
submitted for Her Majesty's approval, proceeds upon the same principle us these
prior ones, but goes beyond them in the powers which are given to the
Commissioners, and also authorises the levying of a tax or assessment on Cattle
depastured beyond the Boundaries to defray in part the expence, which must be
incurred for the maintenance of the Police. This assessment, which is fixed at
Id. per annum for every sheep, 3d. for every head of horned cattle, and 6d. for
every horse, depastured on the lands beyond the Boundaries, is expected to
produce about £7,000 a year, whilst the Licences at £10 each, which are to be
granted as heretofore for the occupation of the land, will produce probably from
£5,000 to £6,000 a year; and though these two sums together form but a small
amount for the protection of the immense tract of Country extending from Port
Phillip almost to Moreton Bay, I could not as a first experiment propose the
raising of a larger sum.

I trust it will appear,
to your Lordship that the rights of the Crown to the wildlands of the Colony are
sufficiently protected in this act, proceeding as it does on the principle
explained in the Despatch of Sir Richard Bourke to which I have alluded. The
price of the Licence, which is analogous to rent, is still to be determined, as
it formerly was by the Crown, the amount of the assessment only being fixed, and
the produce of it appropriated by the Act; and the temporary occupancy of the
land under the Licence is expressly declared to give no permanent right over it
whatever. The country being entirely unsurveyed, and indeedvery imperfectly
explored, except on the Banks of a few of the principal Rivers, it would have
been impossible to define the limits, which are to be occupied by the Flocks or
Herds of any individual. The Licence gives only a general right to depasture Cattle or Sheep on the Crown Lands, in the same way as a rightof
Common is enjoyed in England or as Licences to cut Timber are granted in Canada.

The Commissioners have
powers under the 10th Clause to adjudicate in cases of encroachment by any
New Comer, on what is called the established Run of the first
occupant; but this is only granted to preserve order, and gives no more
protection to any occupant than that which he might seek in a Court of Law, it
having been decided in the Supreme Court of the Colony that a right of occupancy
is good against everybody but the Crown; and I may here remark that, in a very
recent case (Scott v. Dight), tried on the 22d ulto., damages to the amount of
£200 were given for a intrusion by the Defendant on the established Run of
the Plaintiff, though the Plaintiff held only a general Licence from the Crown.
The difficulty in such cases is to decide what constitutes occupancy, and this
in the first instance the Act leaves to the decision of the Commissioner.

Your Lordship may
probably observe that no mention is made in the act of the protection of the
Aborigines, although, as stated [\ in my opening address to the Council,
it was principally introduced for the purpose of putting a stop to the
atrocities which have been committed both on them and by them, and which I have
reported in various Despatches to your Lordship. The Law however, as it respects
the Aborigines, required neither improvement nor alteration, the means only were
required of putting the Law in execution; these it is hoped will be supplied
by the Police to be established under the Act, and it will be of course for the
Executive Government to direct the application of them.

It may possibly be
objected that, by facilitating the occupation of these distant lands, and
giving security to the Flocks andHerds which are depastured there, we
encourage the dispersion of our Population, and lessen the inducement to
purchase lands within the limits of location; but, in anticipation of such
objections, I would crave permission to remark that it is too late to calculate
the evils of dispersion in New South Wales. All the : power of Government,
aided even by a Military force ten times greater than that which is maintained
in the Colony, would not suffice to bring back within the limits of our
twenty counties the Flocks and Herds, which now stray hundreds of miles beyond
them; and therefore the only question is whether we will abandon all control
over these distant regions, and leave the occupiers of them unrestrained in
their lawless aggressions upon each other and upon the Aborigines, or make such
efforts, as are in our power, to preserve order amongst all classes.

In conclusion, I have
only to state that the details of the act were very carefully arranged by a
Committee of the Council, who examined a number of persons most conversant with
the state of the country beyond the limits of location, which Committee made a
report* to the Council, of which I enclose a copy

I have, &c,

Geo. Gipps.

P.S.—A Bill of Lading
is enclosed of the Box, which contains the engrossed copy of the act on
Parchment. G.G.

"Humanity
towards the Blacks"

21st December 1838

(HRA) " .. even if we were
restrained by no sense of humanity towards the Blacks ..." gipps?

"The
venturesome settlers whose philosophy was that the only good Aboriginal was a
dead one"

"Gipp's
policy towards the Aboriginals was humane, practical, and courageous. Over the
years settlers had constantly pressed the Aboriginals back into the interior
.... Officially, the Aboriginal was considered a British subject, sheltered by
British law and justice. The best expression of official policy was set out in
the report of the Aborigines committee to the House of Commons in 1837: its
special suggestions for Australia were the reservation of lands so that
Aborigines could continue as huntsmen until tilling the soil ceased to be
'distasteful' to them, education of their children, increased expenditure for
missionaries and for protectors, and, if necessary, the prosecution of the
whites. In January 1838 Glenelg sent Gipps this report and an elaborate plan for
... a chief protector, GA Robinson, and four assistants, who were to be
part-time missionaries and school-teachers and full-time defenders against the
land-greed and vindictiveness of the less responsible settlers. The scheme was
known as the 'Protectorate', and its officers were paid from local revenue ...
In Sydney a select committee of the Legislative Council ... was appointed to
study the Aboriginal question ... Weakened by inadequate finance, the official
policy collapsed in the face of the explosive dangers inherent in frontier
contact. How could the government control the venturesome settlers whose
philosophy was that the only good Aboriginal was a dead one ... on the frontier
an atmosphere of force and fear prevailed. The Aboriginals did not combine, and
most incidents were small in size ..."

"The
nomadic food gathering tribes in the 'full enjoyment of their possessions'"

"
.. How could the nomadic food-gathering tribes be protected in the 'full
enjoyment of their possessions', when they had no land but all the land, and
every new arrival was likely to impinge upon some ancient hunting ground? The
land was seized by the Crown and redistributed among the settlers; none was
reserved for the natives, 'driven back into the interior as if they were dogs or
kangaroos'. The totemic shrines were not protected; ceremonial gatherings became
impossible. Hunting and food gathering became trespass, often stealing. There
would be bloodshed and retaliation. Then the natives had 'to be taught a
lesson', and the punitive expedition followed ... White violence in NSW was
virtually unchecked and unpunished until the infamous Myall Creek massacre in
1838; then seven men were hanged for the murder of twenty-eight friendly natives
of both sexes and various ages, in retaliation for an alleged 'outrage'. 'We
were not aware that in killing the blacks we were violating the law ... as it
has so frequently done before,' argued the defence. Certainly it was frequently
done again, and the aborigines were soon driven from the more fertile parts of
the continent. They were not likely to hamper white settlement." (Page 246)
" .. By 1938 the 300,000 blacks who had been estimated to be living in
Australia had been reduced to some 50,000 fullbloods ... and 25,000 half-castes,
chiefly in NSW and Queensland."

"The treatment of the indigenous populations of the ... British
colonies"

"
...The Aborigines Protection Society was founded in England in 1838 in England
as a result of a royal commission appointed at the instance of Sir T Fowell
Buxton to inquire into the treatment of the indigenous populations of the
various British colonies."

"....
From the early days of European invasion, from 1788 onwards, Aboriginal people
were forcibly removed from their lands. This practice included the removal of
Indigenous children for virtual slave labour and more seriously to eradicate the
Aboriginal race ... These children have come to be known as the Stolen
Generations ... With British invasion came massacres and atrocities. When
reports of this brutality were passed on to the British Government they
responded by establishing a Select Committee to inquire unto the conditions of
Aboriginal Australians ... One of the key findings of the committee was the
plain and sacred rights of indigenous people to land. This was the first
recognition of native title by a formal Government Inquiry ... "

"It was
well known that the British Government was resolved to protect them"

"The
second of the causes mentioned (the first being disease) as having led to the
extinction of the blacks was the shooting of the men in affrays that arose in
various ways. But with only one notable exception the aboriginals who were thus
shot met their death in fights in which, whatever the original source of
contention, the first blow was struck by themselves. When Victoria was settled
it was well known that a change had taken place in the views of the public as to
the indiscriminate shooting of the aboriginal races; it was well known that the
British Government was resolved to protect them, and the fact that early in 1838
eleven men were put on their trial for shooting blacks on the Gwydir River, and
that, of these, seven had been hanged, made the convict servants and others
understand that the killing of a black man, save for self-defence, would
thenceforth be treated and punished as murder ... But all the same, the black
men were slowly exterminated in the war of races. If they drove off a flock of
sheep from some station, the squatter pursued them; they turned to defend the
stolen property; the squatter, aware of the state of the law, would endeavour by
pacific means to obtain possession of his sheep; the blacks would throw a spear
or two; the conflict would begin, and a crowd of blacks be left who could not be
considered as murdered, though they were none the less dead. The most notable
case ... resulted in the death of thirty-six blacks, none of the (5) white men
being seriously wounded. The Whytes duly reported the circumstances to the
authorities. The matter was put into the hands of Mr. Croke, the Crown
Prosecutor, but after due inquiry he came to the conclusion that there was no
case. For it had been settled in the law courts that if the Crown issued to
anyone a license to depasture his flocks in a certain district he had a perfect
right to defend them against robbers who came in arms to remove them. There was,
therefore, no trial, although it was with some show of justice maintained that
several of the blacks had been shot when the conflictwas really over and the sheep recovered. This, indeed, was often the case
in these skirmishes. However, it is not easy when sitting in comfort, with the
blood stirred by none of that strong throbbing which attends a sense of danger,
to say exactly where we would ourselves have drawn the line had we been involved
in such a conflict ... "

[Source:
Whitworth. Mr R.P.; The Treatment of the Aboriginals-1838 to 1847in Victoria
and Its Metropolis (Melbourne, 1888) Page 233]

Sir Thomas
Livingstone Mitchell, surveyor-general

"Mitchell,
Sir Thomas Livingstone.. surveyor-general, ... second lieutenant, Peninsular war
... Mitchell in 1928 started on the necessary but seemingly impossible task of
making a general survey (of NSW) ... In February 1832 (Gwydir/ Barwon
expedition) after Aboriginals had killed two of his party and plundered the
stores Mitchell returned to Sydney ... on 9 July 1835, the vicinity of Menindee
... the Darling Aboriginals had been 'implacably hostile and shamelessly
dishonest' and, after an affray in which shots were fired and several
Aboriginals killed and wounded, Mitchell decided to return home ... on 24 May
(Mitchell) encountered a large body of Aboriginals who were at once recognised
... as their old enemies from the Darling. Three days later near Mt Dispersion,
fearing that his party might be subject to continual attacks ... Mitchell set an
ambush ... Firing broke out and, according to an Aboriginal with Mitchell's
party, seven natives were killed; the remainder fled ...In December 1836 the Executive Council conducted an inquiry into the
killing of Aboriginals near Mt Dispersion. It regretted that Mitchell had not
made sufficient efforts to conciliate the natives, but in view of their numbers
and threatening aspect the council could not severely blame 'a want of coolness
and presence of mind which is the lot of few men to possess'. ... In April 1844
Mitchell was elected to the Legislative Council ... Mitchell (was known for) ...
fostering of those things peculiarly Australian ... the retention of Aboriginal
place names ..."

"Free
grants of land were also abolished at this time. All land in the settled
districts was put up to auction at an upset price of 5s. per acre, except in the
Port Phillip district, where 1 pound per acre was fixed at the lowest price ...
Beyond the settled district the runs ofthe
squatters, whose boundaries had hitherto been undefined, were marked out, and a
small rent charged, in return for a partial fixity of tenure, the squatters
having previously been liable to be turned out at any time. The famous
expeditions of Sir Thomas Mitchell, who succeeded Oxley as Surveyor-General,
were undertaken during Bourke's tenure of office ..."

"
... no significant move was made to enrol the squatters as such in the NSW
taxpaying community was made until, in March 1839, a border police under the
Crown Lands Commissioners was authorized to be formed by the Act 2
Vict., No. 271839 ..."

"an Act further to restrain the unauthorized Occupation of Crown Lands
and to provide the means of defraying the Expense of the Border Police

[22nd
March, 1839 ... or offence committed upon or against any aboriginal native
or other person or of any other offence"

(Full text of Act) The Public General Statutes of New South Wales from 1
Victoriae to 10 Victoriae, inclusive
(1836-1846) (Sydney, Thomas
Richards, Government Printer, 1861)

Crown
Lands unauthorised Occupation Act, 2 Vict 27 1839; page 894

Legislative
Council Proceedings and Proceedings, 1838-1839:

Major Nunn and
massacres of Aborigines-anatomy
of
an official cover-up

Enclosure
Al to Minute No. 20

Police
Office, Muswell Brook,

24th
January,1839

Sir,In
reference to your letter of the 9th of this Month, directing me to proceed with
the enquiry ordered in June last into the circumstances attending the death of
certain Aboriginal Natives, I beg leave to inform you that 1 have to attend the
Supreme Court in Sydney on the 11th of next month, being subpoenaed as a
Witness, and, as 1 consider that the investigation cannot be brought to a close
before that time, it may perhaps be advisable to inform Major Nunn that it will
not be necessary for him to proceed to Invermein until my return to the District.

It
would perhaps save much unnecessary delay if Major Nunn were directed to send me
a list of the Witnesses he may require, at least of such of them as are in this
neighbourhood, who can then be collected by a certain day
...

Sir,Referring
to my letter of the 8th Ultimo, relative to the the Inquiry ordered to be
instituted into the circumstances attending the death of certain Aboriginal
Natives, 1 am directed by His Excellency the Governor to request that you will
send in a list of the Witnesses, whose attendance will be required, with a
statement of where they are to be to be found.

I am also
instructed by His Excellency to inform you that Mr. Day, the Police I
Magistrate of Muswell Brook, before whom the Inquiry is to take place, will
be in Sydney by the 11th Instant to attend the Supreme Court; and that the
inquiry may s take place here, if the witnesses can be collected. I am,
&c,

The Commandant of
the Mounted Police. [ Unsigned. ]

[Enclosure A3 to
Minute No. 20 of 1830.]

Colonial
Secretary's Ofilee, Sydney, 1st February, 1889.

Sir, In acknowledging
the receipt of your letter of the 24th Ultimo, I do myself I the honor to
inform you the Commandant of the Mounted Police bus been called on t for a
list of the Witnesses who will be required on the investigation, ordered to
be made into the circumstances attending the death of certain Aboriginal
Natives, with a statement of where the Witnesses are to he found.

I am at the same
time instructed by His Excellency to inform you that, as you are required to
attend the Supreme Court on the 11th Instant, the Investigation may take
place in Sydney, if the Witnesses can be collected, of which Major Nunn has
been apprised. I have, &c.

The Police
Magistrate, Muswell Brook. [ Unsigned. ]

[Enclosure A 4 to
Minute No. 20 of 1839.1

Police Office,
Muswell Brook, 28th February, 1830.

Sir, In reference to
your letter of the 7th Instant, I beg to inform you that I have received
from Major Nunn a list of the Witnesses required by him to attend at the
investigation, ordered to be made into the circumstances attending the death
of certain Aboriginal Natives near the Gwyder. Four of those Witnesses
belong to the Mounted Police, and are at present attached to Mr. Mayne's
party at the Big river; two more are Stockmen residing in the same
neighbourhood ; I therefore wrote yesterday to Mr. Mayne to request him to
order these people to attend here with the least possible delay; but, as
many days must elapse before they can possibly reach this, and as His
Excellency the Governor is most anxious that the investigation should be
commenced at once, and is also of opinion that it is not necessary that
Major Nunn's examination should be postponed until all the Witnesses can be
assembled, I wrote to Major Nunn by this post to request that he may attend
at Merton, as soon as may be convenient to him, for the purpose of being
examined.

Doctor Little is
the only Magistrate at present in the Invermein District, and he has, I am
informed, declined to act until he shall have taken the necessary Oaths
under the new Commission.

I therefore suggest
that it would be advisable that the investigation should take I place at
Merton, and that Messrs. Ogilvle and Bettington and Captain Pike, the Magistrate of that District, should be requested by letter to assist in it.

I have, &c.,

Edw. D. Day, Police
Magistrate.

The Honourable The
Colonial Secretary, etc., etc., etc.

[Enclosure A 5 to
Minute No. 20 of 1839]

Court House,
Merton, 9th April. 1839.

Sir, In compliance with
the desire of His Excellency the Governor, communicated to us in the
letters we had the honor to receive from you, that we should inquire into
the circumstances relative to the collision between the Mounted Police
uinder the command of Major Nunn and the BIack Natives on the Namoi and
Gwyder rivers, wherein some of the latter were unfortunately killed in the
Month of January, 183S. We attended at the Court House for that purpose on
Thursday, the 4th Instant, and took depositions and examinations of all the
parties presented to us for that purpose, namely, Major Nunn, Sergeant Lee,
and Corporal Haunou of the Mounted Police and Major Fitton, a Stockman of Mr. Hall's, Copies of which we have now the
honor to enclose. We have. &c.,

"The
outrages which have been committed on the Aborigines, as well as by them
..."

Thursday, 14 February, 1839.

No 1. Votes and Proceedings of the
Legislative Council.

"1. Council met pursuant to
summons, His Excellency the Governor in his Chair. New Members sworn, His
Excellency Major General Sir Maurice Charles O'Connell, KCH, Commanding Her
Majesty's Forces in New South Wales and its Dependencies, and Phillip Parker
King, Esq., Captain, RN. 2. His Excellency then read the following Address:- I
have called you together at this unusual Session of the year, in order to
propose to you a measure for the establishment of a Police Force, beyond the
settled districts of the Colony ...

The vast interests which have grown up
in those distant parts of the Territory, and the number of people of all classes
now engaged in depasturing Sheep and Cattle beyond what are called the
Boundaries of Location, might be sufficient of themselves to call for the
protection of a Police Force; but the necessity for it is rendered far more
urgent, by the frequent aggressions made of late by the Aboriginal Natives upon
the Flocks and Herds of the Colonists, as well as on the lives of their
stockmen-by the outrages which have been committed on the Aborigines, as well as
by them-and particularly by one atrocious deed of blood, for which seven unhappy
men have suffered on the scaffold.

The Bill I shall lay before you
proposes to accomplish its objects, by giving to the Crown Commissioners, who
already perform certain functions in those districts, far more ample powers than
they now possess; and by providing that each Commissioner shall be accompanied
by a moving Police Force, sufficient to repress the predatory attacks of the
Natives, and keep order amongst all classes.

As it appears to me perfectly just,
that the persons who are to be protected by this Force, should bear the expense
of maintaining it, the Bill provides for this object, by means of an assessment
on Cattle and other stock ...

George Gipps ...

3. His Excellency the Governor laid
upon the table, "A Bill to amend an
Act intituled, 'An Act to continue and amend an Act, intituled, "An
Act to restrain the unauthorised occupation of Crown Lands." Bill read
a first time, to be printed."

Minutes of
Evidence Taken Before the Committee on the Crown Lands Bill

MINUTESOFEVIDENCE.

SATURDAY,
16 FEBRUARY, 1839.

LIEUTENANT-COLONEL
J. G. N. GIBBES, IN THE CHAIR.

William
Ogilvie,of Merton, Esq.,
J,
P.;called in and examined.

I
have read
the Bill to amend the Act to restrain the unauthorised occupation of Crown
Lands; I think that some amendment of that Act is necessary, as the Bill proposed
for that purpose requires modification; I think the the powers intended to be
granted to the Commissioners are too great in certain cases; they are, in fact,
more than should be vested in any individual …I conceive that the hitherto unprevented
grazing on Crown Lands has been

one
principal cause of the prosperity of as at present customarily practiced, is
essential to the welfare of the Settlers
… It
appears to me to be necessary, that protectionshould be afforded to
parties occupying unlocated lands beyond the Boundaries …

I
think that the present force or establishment with the Commissioner in the
Liverpool Plains District, is sufficient for the purpose required; I am of
opinion, that if such an establishment had been in advance, to mediate between
the Blacks and the Whites, all the unfortunate events which have occurred, might
have been prevented; so much bad feeling has arisen out of those occurrences,
that much more difficulty will now be experienced in establishing a good
feeling; but I think by judicious management it may still be effected; with
just, kind, and considerate treatment, the Blacks are easily conciliated, which
I can say from personal experience.

SATURDAY,
16 FEBRUARY, 1839.

Terence Aubrey Hurray, of Lake George, Esq, J. P.;
called in and examined.

I
have read the Bill to amend the Act to restrain the unauthorised occupation of
Crown Lands, and I consider that some amendment of that Act is desirable; but 1
think that the Bill. as it now stands, proposes to vest too much power in the
hands of the Commissioners
…I am of opinion that, so far as the Blacks
are concerned, there it nothing to apprehend in the Maneroo country, and Banks
of the Murrumbidgee as faras they are occupied; but I look upon the
establishment of a Police force as likely to be of the greatest service in the
Colony, in keeping order amongst the lower classes of Whites in those distant
parts …

Wednesday 20 February,1839

Votes and Proceedings of the
Legislative Council, Crown Lands Bill Committee Minutes
of Evidence Taken Before the Committee, "Report from the Committee
Appointed to consider, and Report their Opinion upon, the Provisions of a
"Bill to amend an Act, intituled 'An Act to restrain the unauthorised
'Occupation of Crown Lands,' (page 16-17) "... with leave to examine
Evidence, if necessary ... In reading over the Minutes of Evidence annexed to
this report, it will be perceived that it is only in the Northern, or Liverpool
Plains District, and in the Country between the Hume and Port Phillip, that any
force is considered necessary for the protection of the Settlers against the
aggression of the Aborigines. Nevertheless, all parties agree that a Border
Police will prove of the greatest service in keeping peace and good order, and
in protecting property in those distant parts of the territory, where many
Europeans of the most abandoned character have taken up their abode ..."

Sir
Terence Aubrey Murray Esq., called in and examined. " ... I am of the opinion that, so far as the
Blacks are concerned, there is nothing to apprehend in the Maneroo country, and
Banks of the Murrumbidgee as far as they are occupied; but I look upon the
establishment of a Police force as likely to be of greatest service in the
Colony, in keeping order amongst the lower classes of Whites in those distant
parts ..."

R.V. Dalhunty,
Esq. " ... four Policemen, and a scourger"

Monday, 18 February,
1839. (HRA)

R.V.
Dalhunty, Esq., JP.; called in and
examined. " ... I think a Commissioner, four Policemen, and a Scourger,
would be sufficient for every purpose in the Wellington district ... I do not
think that, under the present circumstances, any force is required in the
Wellington district to keep the Blacks in order; I have never heard of a single
outrage being committed by them ..."

WC Wentworth,
Esq. and the water rent

Monday, 18 February,
1839

WC Wentworth. Esq.; called in and
examined. "... I have read the Bill, and approve of the general principles
of it, with the exception of taxation part ... because the objects of the bill
might be obtained by a rent of sections ... the frontage of every section on the
banks of a river, creek, or chain of posts sufficiently watered, is sufficient
rent ...."

"I can
assign no satisfactory reason for the hostility of the Blacks"

Monday, 18 February,
1839. (HRA)

James
Glennie, of the Gwydir, Esq;
called in and examined. " ... I have heard that from four to five hundred
of the native Blacks (unaccompanied by females) have been seen in one body in
that district; I have, however, never myself seen more than one hundred Blacks
together; but I have not been on the Gwydir, where they are most numerous ... I
consider them as hostile to the Whites, and I know of fifteen or sixteen murders
committed on white men within two years and a half. ... They also commit
outrages on stock; I was the first person who had a station on the Gwydir, and
have suffered severely from their depredations. I have missed two hundred head
of cattle, of which seventy-three were found speared or killed by the Blacks ...
At first, they consumed the flesh; but lately, they have destroyed it taking
away the fat only; they also speared fourteen of my sheep; but my neighbour, Mr
Cobb, has lost upwards of nine hundred sheep by their acts ... The Commissioner
and Seven Mounted Men would nevertheless be sufficient to keep these people at a
distance, and to preserve the peace of the district ... I can assign no
satisfactory reason for the hostility of the Blacks, for they were, to my
knowledge, well treated at Mr Bowman's and Mr Cobb's stations; having been
supplied with brass plates, tomahawks, and food; notwithstanding which, they
watched an opportunity, and murdered the hut-keepers at both stations ..."

H Fyshe
Gisbourne ... commissioner of crown lands

Tuesday, 19 February, 1839.

H Fyshe Gisborne, Esq., JP;
called in and examined. " ... I disapprove of the Fifth Clause; (Note:
i.e.,
Clause 5, Crown Lands Unauthorised
Occupation Act, 2 Vict 27 1839).
I should object to leaving it in the power of one Magistrate, who, I suppose
would, in most cases, be the Commissioner, to declare a license null and void,
without any appeal being allowed; and what I think more advisable, would to be
to require the Commissioner to prosecute any parties for a breach of this clause
at the nearest Petty Sessions ..."

called in and examined. "... I could never learn that any provocation was
given to the native Blacks who murdered eight of my men; I think they were
distressed for food from the scarcity of kangaroos, and in consequence, tempted
to seize the flour ... Since that occurrence, and within the last month, they
carried off one of my Brother's shepherds, and kept him for several days, after
stripping him of all his clothes. He, however, effected his escape, and got back
to his station without injury ...They are in large bodies in that district
..."

The Reverend David Mackenzie and the troublesome blacks

WEDNESDAY,
20 FEBRUARY, 1839.

The Reverend David Mackenzie, of
Sydney; called in and examined.

“
… I have lately returned from the
Gwydir, where Mr. Mayne, the Commissioner, formed a party of five Mounted
Policemen, and six Gentlemen, besides himself, to go in pursuit of the Blacks,
who were reported as being troublesome in that neighbourhood; . he returned,
however, without coming in contact with any; and in the meantime, a man of the
name of Kelly, stockman to Mr. Bell, having gone out in search of cattle, fell
in with six or seven Blacks, whom he induced to accompany him to my station,
when Kelly and I agreed to go with them, unarmed, as guides to conduct us to
their camp which was situated at the distance of four or five miles from my hut;
when we arrived at the camp, those six or seven Blacks having given the signal,
called out about eighteen or twenty of their tribe, the greater part of whom we
conducted to our hut, where we entertained them with a good dinner; one of those
Blacks I carried naked behind myself on horseback to Mr. Mayne, who made him
some -presents; after which, we had "no difficulty in getting them to come
to us in large

numbers;
although previous to that. time, many White Men had been residing for

two years on the Gwydir, and had never seen
a Black Man.

Their
vicinity, however, was plainly marked by their spearing of cattle, and their
places of encampment. I found them very serviceable to me in cutting bark for my
nut, and in peeling the rafters; and have had as many as fifty about me at one
time; several of them slept in my hut for several successive nights, and were on
the most friendly terms; notwithstanding which I should be afraid to trust them,
from their known treachery; and I have warned my servants to be always on their
guard against them.

I
accompanied Mr Mayne to the place where
four or five hundred of Mr.Cobb's sheep had been wantonly slaughtered, no part
of them having been carried away by the Blacks; affording a clear sign that
they were not instigated to that actby
hunger. This was on the banks
of what they call the Big
River. I
also accompanied Mr. Mayne to see many cattle which had been speared by the
Blacks, who had left the carcases untouched, except that they had eaten off the
fat from the kidneys; which is an additional proof that they were not in want of
sustenance when they committed such acts.

I
had a farther proof of seeing that they had abundance of food while they arrived
at my own station.

They
killed as many opossums, kangaroo rats, and snakes, as would have been
sufficient for double the number of Blacks.

I
am of opinion that if Mr. Mayne's district is to be confined to within fifty
miles each way from his station, the force he now has will be amply sufficient;
but if it is to extend from Liverpool Range to
where he now is (a distance of fully one

hundred
and seventy miles), it would, of course, be very inadequate.

Mr.
Mayne's station is not above ten miles distant from where the massacre of the
Blacks took place; about five miles from where
Mr. Cobb's sheep were speared;
and about twelve from where his men were murdered
…I think that if one or two Black Natives were attached
to the Commissioner's Party, they would
be very serviceable, as they would be a check upon the
aggressionsof their own tribes, and be
able to trace them where no
White Man could see the least appearance of any footsteps.

The
Reverend David Mackenzie, "author, lecturer and landowner ... Mackenzie was
clearly trying to fill his purse by investing in livestock, taking up runs on
the Namoi and Murray Rivers, and using Aboriginals to do his sheep-washing and
shearing ..."

Captain
George W. Smyth, of the Mounted Police, in Reply to a Letter from a Member of
the Committee.

Sir,

In
obedience to your wishes, I beg leave to offer the following suggestions in
regard to the
appointment of the Mounted Police, so as to render that body,
alone, sufficient to protect the:
Districts of Port Phillip and Geelong from disturbances of every kind.Stations on a liberal footing have already been directed lo be formed on
the
Hume, Ovens, Broken and Goulburn Rivers, and at Melbourne, and Geelong.By this arrangement, when complete, the passage of settlers and stock
along the main roads will be fully protected, alike from the attacks of the
Aborigines, and the aggressions of convict runaways, and other bad characters.

Since the sale of land near Melbourne,
many settlers who were unable to
purchase, have been compelled to more their stock, and have, with few
exceptions, migrated to and in this neighbourhood of Lake Colac, where commences
a fine tract ofcountry, extending
in the direction of Port Fairy and Portland Bay. I would recom­mend another
Police Station on that Lake.

In
the neighbourhood of Mount Macedon are
several of the largest stock-holders.There a detachment of Infantry has been placed for some months
past;but dismounted men
are but of little use, however
active they may be.Of this, twoinstances came under
my notice, in which the Aborigines made an attack on
stations,and long ere military assistance could
arrive, the Tribe had, in both
instances,
decamped.Another Police Station at this spot would,
I conceive, complete' the arrangements for the security of the whole district.

The
eight stations posses the advantage of being nearly equi-distant from each other.

The
Goulburn River has already been fixed on as the head quarters of the district;
nor could a more central or better spot have been chosen.

So
much for the site of the stations.

To
render the force efficient, I would propose that an Aboriginal Native for each
Police Station be selected from the foot Police now at Melbourne. These men
could, on an emergency, be mounted on the spare horses, and would serve as
trackers. A simple ration, without pay, would be all that is requisite for them,
and the value of the rum (which, on no account, should be issued to them) would
clothe them in a light and suitable dress.

As
the districts are so extensive, and a constant patrolling is necessary, the work
for the horses is arduous. It is therefore necessary to keep them in good
condition: The supply of forage for this purpose will, I am aware, entail a
great expense upon the Government. It is a subject consequently of importance,
to ascertain the most economical method of foraging the horses and rationing the
men.

I
am convinced that it can be done by a resident in Melbourne at a cheaper
rate than by any one else, as the supplies there are obtained from
Launceston; and also that it can be done more cheaply by one person taking the
contract for the two districts, than by several individuals contracting for
the supply of the different stations.

I
would, therefore,
recommend that separate Tenders should be called for, for the
Mounted Police, and that these Tenders should be required at Melbourne …

In
reference to your letter of the 7th Instant, I beg to inform you that 1 have
received from Major Nunn a list of the Witnesses required by him to attend at
the investigation, ordered to be made into the circumstances attending the death
of certain Aboriginal Natives near the Gwyder. Four of those Witnesses belong to
the Mounted Police, and are at present attached to Mr. Mayne's party at the Big
river; two more are Stockmen residing in the same neighbourhood ; I therefore
wrote yesterday to Mr. Mayne to request him to order these people to attend here
with the least possible delay: but, as many days must elapse before they can
possibly reach this, and as His Excellency the Governor is most anxious that the
investigation should be commenced at once, and is also of opinion that it is not
necessary that Major Nunn's examination should be postponed until all the
Witnesses can be assembled, I wrote to Major Nunn by this post to request that
he may attend at Merton, as soon a« may be convenient to him, for the purpose
of being examined.

Doctor
Little is the only Magistrate at present in the lnvermain district, and he has,
I am informed, declined to act until he shall have taken the necessary Oaths
under the new Commission.

I
therefore suggest that it would be advisable that the investigation should take
place at Merton, and that Messrs. Ogilvie and Bettington and Captain Pike, the
Magistrate of that District, should be requested by letter to assistin it.

I
have, &c,

Edw.
D. Day, PoliceMagistrate.

The
Honourable The Colonial Secretary, etc., etc., etc.”

HRA
page 249

Report from the
Crown Lands Bill Committee

5th March, 1839

CROWN
LANDS BILL. COMMITTEE.

REPORT
FROM THE COMMITTEE

Appointed
to consider, and Report their Opinion upon, the Provisions of a Bill to amend an
Act, intituled, An Act to continue and amend an Act, intituled' An Act to restrain the unauthorised
Occupation
of Crown Lands, with leave to examine Evidence, if necessary.

Your
Committee have the honour to report that
they have examined a number of persons possessing considerable knowledge of the
several parts of the countrybeyond
the limits of Location, the whole of whom have concurred in opinion as to the
advantages likely to arise from the introduction of such a Bill, and in that
opinion your Committee fully coincide …

In
reading over the Minutes of Evidence annexed to this Report, it will be
perceived that it is only in the Northern, or Liverpool Plains District, and in
the Country between the Hume and Port Phillip, that any force is considered
necessary for the protection of the Settlers against the aggressions of the
Aborigines. Nevertheless, all parties agree that a Border Police will prove of
the greatest service in keeping peace and good order, and in protecting property
in those distant parts of the Territory, where many Europeans of the most
abandoned character have taken op their abode …”

[Report from the Crown
Lands Bill Committee 5th March, 1839

]

The
unauthorised occupation of Crown Lands, and the Border Police.

Monday, 18 March, 1839
(HRA)

"No. 6, Votes and Proceedings of
the Legislative Council

Council met pursuant to adjournment;
His Excellency the Governor in the Chair. Crown Lands Occupation Act Amendment
Bill; further considered, and amended, and the title altered to the following,
viz:-"An Act further to restrain the unauthorised occupation of Crown
Lands, and to provide the means for defraying the expense of a Border
Police;" to be fairly transcribed and presented to the Governor, by the
Collector of Customs, and Captain King. Council adjourned at four o'clock, until
Friday next, 22 March, at twelve o'clock. Wm. Macpherson, Clerk of Councils
."

"... they were not in any case to fire on the
blacks, unless it was necessary for their own defence ..."

| Enclosure A 6 to
Minute No. 20 of 1839.]

Court House, Merton,
4th April, 1839.

Depositions taken
before Edward Denny Day, Police. Magistrate, and William Ogilvie and John Pike Esquires, of the District of Merton,
in an investigation ordered to be
instituted into the circumstances attending the death of certain Aboriginal
Natives in a collision with the Mounted Police under the command of Major Nunn.

Major W. Nunn,
Commandant of the Mounted Police, being duly sworn, deposes: About the 19th of
December, 1837, Colonel Snodgrass, the Acting Governor, sent for me to £o to
Government House. On arriving there 1 found Mr. Thomson, the Colonial Secretary,
with Colonel Snodgrass. The substance of a report made by Mr. Paterson, the
Commissioner of Crown hands in the Liverpool Plains District, was made known to
me. A Copy of this report, which was (riven to me then or afterwards, I now
produce. It contains a statement of minders and other outrages committed by the
Blacks on the Namoi, Gwyder and Big Rivers. Colonel Snodgrass ordered me to
proceed in consequence of that report to the scene of these outrages with a
party of Mounted Police. I asked Colonel Snodgrass, if he had any orders or
instructions to give me. He said, "You must lose no time in proceeding;
you are to act according to your own judgment, and use your utmost exertion to
suppress these outrages. There are a thousand Blacks there, and, if they are not
stopped, we may have them presently within the boundaries, or words to
the same effect.

In consequence of these
instructions, I gave immediate orders to assemble a party at Jerry's Plains,
from which place I proceeded on or about the 20th of the same Month (December)
with a detachment, consisting of one Subaltern, two Serjeants and twenty
troopers. I marched direct for the Namoi. On my arrival there, I heard very
distressing accounts from the Stockmen in the neighbourhood of the out-rapes
committed by the Blacks. On the evening of my arrival, I sent Serjeant
McNally to Mr. Baldwin's Station to ascertain of the people there if these
reports were correct. He returned shortly after in a great hurry and informed me
that the reports were quite correct; and that the Blacks were at that time
assembled in great numbers at a place lower down the River Namoi. I immediately
ordered the party to mount and, guided by Mr. Baldwin's Stockman, proceeded at
once towards the place mentioned. After marching all night, we came upon a tribe
of Blacks on the river bank. After disposing of my men so as to prevent the
escape of the Blacks, and giving them orders not to fire at all, but, if
necessary, to defend themselves with their swords, I succeeded in capturing; the
whole tribe without any violence. With the assistance of a black boy who went
with ns, I communicated to the tribe that they were charged with murder,
spearing Cattle, and all manner of outrages, and demanded that the actual
perpetrators of these acts of violence should be delivered up to me. On this,
fifteen men of the tribe were pointed out to me by their comrades as the guilty
parties; these were taken into custody, and the rest of (be tribe, amounting to
about an hundred persons, were set at large, and treated kindly by me, so much so
that they remained with the party until evening. Amongst the fifteen prisoners,
two were pointed out to me by the tribe as the murderers of Mr. Hall's man some
time before. About two hours before sunset, I returned to my former camp with
the fifteen prisoners, the two men charged with murder were secured by handcuffs
and placed in charge of two sentries; it was my intention to leave these two men
under a guard until Mr. Hall could see them and identify them; but I regret to
say that they succeeded in slipping their handcuffs after nightfall, and
attempted to escape, in which one succeeded, but the other was shot by the
sentry while in the act of running away ; it is however satisfactory to know
that the tribe admitted that the man who was shot was the actual murderer of Mr.
Hall's Servant; the other thirteen prisoners were subsequently liberated, all
except one, who I retained with me as a guide; from this camp 1 proceeded to Mr.
Bell's station on the Gwyder; Mr. Bell was at the station, and begged of me to
remain a few days at the station for their protection, and was in a state of
great alarm from the depredations the blacks had been committing. I remained
there two days and then proceeded to Mr. Cobb's station, where I was very
anxious to arrive in consequence of the reports I had received of the outrages
of the black natives in that direction; on arriving there, I found every thing
in the greatest confusion, the Shepherds and people all afraid to leave the
vicinity of their tints, and the sheep all crowded round about, and not a man
could be induced to take them out to pasture, until I had sent parties out to
scour the country and ascertain that the Blacks were not in the neighbourhood.
Lamb, the superintendent at the station, informed me of the particulars of the
murder of the two men by the blacks at, this station, and told me that after the
murder the blacks had taken off eight and twenty sheep and some articles from
the station. On hearing this information, T considered it to be my duty to
pursue the tribe, who had committed these outrages, and, having provisioned the
party for fifteen days, 1 began my march. On the fourth day after leaving
Marshall's station, which was then the lowest station on the Big river, I came
upon a native black asleep under a tree, against which I saw four spears
leaning. The black man got up the tree but we succeeded in getting him down.After explaining to
him, through our black boy, that we did not intend to hurt him, he told us that
his party consisted of four more black men, three women and some children; these
blacks we found the same day. They were all brought to me to the camp. From
these people I obtained all the information relative to the murder of Mr. Cobb's
men. They confessed they had been present at it with the rest of their tribe,
and had partaken of the Sheep that had been driven off. They offered to remain
with us, and conduct us to the tribe. The next morning under the guidance of the
blacks, the direction of our march was quite changed. We were led by them for
two days. About noon of the second day, I was riding in the rear of the party,
when I heard on a sudden the words " black fellows " in front. I was
perhaps about fifty yards in the rear at the time. 1 rode up immediately, and
the first thing I noticed was Corporal Hannan returning from the front speared
through the leg; he appeared to be in very great agony, and cried out " I
am speared, 1 am speared " ; at the same moment I heard several shots fired
in rapid succession. Mr. Cobban was in the front at the time. The men charged
and separated in such a manner that I was perfectly unable to collect them at
the moment. I did so as soon as possible, and we succeeded in extracting, with
the assistance of a black man, the spear from Hannan's leg; the wound was a very
bad one, and I apprehend that mortification would ensue from the very great heat
of the weather ut the time. I am quite satisfied Hannan was wounded before a
shot was fired, and that, if-he had not been wounded, not a shot would have been
fired. 1 certainly never gave my men any orders that could warrant their firing
upon the blacks, unless in self defence. After the firing ceased, I rode through
the wood and saw four or five dead bodies of the blacks; I am positive that I
saw four. Lamb recognized a Tomahawk and knife, which were found in the blacks'
camp, as some of the articles that were taken from his Master's station, when
the two men were murdered there. From this and other circumstances, I have no
doubt whatever of this tribe having been guilty of the outrages at Mr. Cobb's
station. My guides remained with me after the collision, and showed me a more
direct way back : on quitting me afterwards,. I rewarded them with presents I
had taken with me from Sydney for the purpose. I explained to them that our
intentions towards them were friendly, anil that the loss the tribe had suffered
had not been intended; that our object in coming had been to take the parties,
Who had been guilty of murders and other outrages against the whites. The Guides
left me perfectly satisfied with my treatment of them. I am sure they perfectly
understood the explanation I gave them of our motive in coming. J. W. Nunn Major, Comt. M. Police.

Sworn before us at
Merton, this fourth day of April. 1S39.—Edward Day, J.P.;

Willm. Ogilvie, J.P.;
J. Pike, J.P.

John Lee, Serjeant in
the Mounted Police, being duly sworn, deposes:—I belonged to the party that
went with Major Nunn to the Namoi and Big Rivers. I marched with them from
Invermein (my station) on the 2nd January, 1838. I was present when the first
prisoners were given up by their tribe to Major Nunn, as the persons who had
been guilty of outrages against the whites ; there were fifteen of them; two
were pointed out as the murderers of Mr. Hall's man. These two were handcuffed :
they both attempted to escape that night; one of them who was called "
Doherty " was shot by one of the sentries while in the act of escaping; we
buried the body the following day by Major Nunn's orders.

I was present when
Hannan was speared by the black. I was about a hundred yards from him. My
attention was drawn towards him by his crying out. I looked at him and saw the
spear sticking in his leg; it was quite through the calf of the left leg. I saw
Hannan break the spear in two. I saw the black who wounded him ; he was in the
act of throwing a second spear at myself, on which I fired at him and shot him;
the spear was levelled at me at the time I fired; the first shot was fired by me
; it was fired in self defence and without orders. If I had not fired the
instant I did, I must have been speared, as the blacks throw their spears with
great precision, and I was not more than, nine yards from him when he aimed the
spear at me. The firing was then taken up by the rent of the men and continued
for some time; the blacks fled from their camp and we pursued them-; they were
overtaken in about an hour, when some more were shot. Mr. Cobban was with the
party when the last were shot. Major Nunn was not present with us at the time. I
did not see Major Nunn until I returned to the place where Harman was wounded;
the confusion was so great and the scrub so thick, that I had enough to do to
take care of myself and my home. I could not see all that was done. It was
impossible for the party to act in a body; every man had in fact to act for
himself; the men had spread out so much that it was impossible for arty one
person to put a stop to the firing at once; what I saw myself, I should
say that from forty to fifty blacks were killed when the second firing took
place. The troopers were very much exasperated when Hannan was speared;
they scattered as soon as it was done, and after that it was quite impossible to
restrain the firing. I do not think that a shot would have been but
for that circumstance, I am certain the men would not have fired withoutorders, had it not
taken place. In all our previous communications with the blacks, Major Nunn had
been extremely kind to them. I was senior Serjeant of the party and the orders I
received from Major Nunn and gave to the detachment, were that they were not
in any case to fire upon the blacks, unless it was necessary tor their own
defence. This was a standing order with the party. There was no remission of rhe
pursuit from the time the firing began until it ceased altogether. We followed
them about a mile and a half from where it began. Two iron bolts and a tin dish
were found in the blacks camp, which I heard Lamb say were taken from Mr.
Cobb's station when the men wore murdered. The black boy Jacky our interpreter
told me the Guides, who were with us, undertook to lead us to the tribe that
murdered Mr. Cobb's men. HisJohn x Lee.mark.

I belonged to the party
that went out with Major Nunn to the Gwyder and Namoi Rivers in the beginning of
last year. After leaving Mr. Marshall's .station, we met with four blacks, who
undertook to lead us to the tribe that murdered Mr. Cobb's men ; about two days
after we came upon them near a Creek ; I rode through the scrub and attempted to
apprehend the first black man I saw ; when I came near, before I could take hold
of him, he turned suddenly round and thrust a spear through the calf of
my leg; I was quite close to him at the time. I turned round and saw Serjeant
Lee coming up. I called to him that t was speared, I heard a shot
immediately after, but the pain of my wound was so great that I cannot speak of
any thing that occurred. My horse sprang on one side when I received the
wound, and the spear was hanging from my leg; it must have been seen by the
other men; I saw that the black who wounded me had another spear. I could easily
have shot him before he wounded me, but I wanted to capture him us our orders
from Major Nunn were to take prisoners, but not to fire unless in self defence.
I saw Major Nunn very soon after I was speared; he assisted me in getting the
spear out of the wound. I heard firing after, which appeared retiring from me,
as if the men were in pursuit. I am certain no shot was fired before I was
speared,

Patrick Hannan.

Sworn before us at
Merton, this fourth day of April, 1830.—P. Day, J.P, ; Willm. Ogilvie, J.P,

Major Fitton, being
duly sworn, deposes:—

I am a Stockman in Mr.
Hall's service. I have been employed at the Big River. I accompanied Major Nunn
last January twelve month in pursuit of a tribe of blacks, who were stated to
have murdered two men at Mr. Cobb's station. I was with the pack horses, when
the troopers went after the blacks, after Hannan had been wounded; up to that
time the blacks in that part of the Country had been very troublesome. Five
stockmen and shepherds had been murdered by them about the same time, and a
great many Cattle had been killed and speared, and' sheep also. These outrages
caused a very hostile feeling against them, in fact no one considered it. safe
to go about, spears and boomerings were constantly thrown at us. The black
guides promised to take us to the tribe who had murdered Mr. Cobb's son,
and I heard Major Nunn order the Police to take the tribe prisoner, but they
were not to fire upon them. Some articles, taken from Mr. Cobb's station by the
tribe that murdered Mr. Cobb's men, were found in the blacks' camp; among these
was a tin dish and a Tomahawk and a knife, also pieces of shirts and half a
blanket, and a bullock's tail was also found in their camp. Major Fitton.

Sir, Bell's Station,
Manilla River, 6th December, 1837.I avail myself of the
opportunity of a Stockman going from here to Invermein to state, for the
information of His Excellency the Governor, that I proceededon another survey of my
District on the 28th of October last, ;and traced the Namoidown, taking returns of
Inhabitants, Stock and fire arms, and I will immediatelyon my return forward
to you in Duplicate my Itinerary and Census. On my route I heard of
many outrages committed by the Natives on Stock at a number of the Stations, and
also of their having murdered five men, and I made it my business to make
every Inquiry to find out the cause of this increasing evil.

This evil is not
confined to the Stock actually killed by the Blacks, but a herd of Cattle that
has been harassed and speared by them wander away in all directions from their
run, and altho' pasture is most luxuriant, the cattle are invariably in poor
condition wherever this evil exists.

On the Namoi River,
the stations below Sir John Jamison's run are more or less subject to their
depredations, and at Oder's, which is the farthest down station,the Blacks are so
numerous and daring that the men have all quitted the station from fear, and
left the Cattle to their fate.

It was when on this
River that I heard of the Blacks murdering two men belonging to Mr. Bowman, and
two of Mr. Cobb's men. Mr. Bowman's station is situate on a Creek about 60
Miles from the Namoi, called Bowman's Creek, and Mr. Cobb's station 60
Miles from it, on a River called the Big River, into which the Gwyder empties
itself.

Although this part does
not belong to my District, still I thought that information, that could
be depended on respecting these outrages and their probable cause, would be
acceptable to His Excellency the Governor. I therefore proceeded there across
the country and arrived at Bowman's at 10 o'clock at night of the day of the
second day after leaving the Namoi. The whole of this Country is of the richest
description, almost free from timber of any sort, abounding with wild carrot and
thistle; in short, if it was better watered, it would be the finest grazing land
in the world. It is however sadly deficient in this necessary article, as we
travelled from 6 in the morning till 10 at night before we fell in with it, all
the Creeks in the intermediate space being dry.

At Bowman's station,
two out of the three men that were there had newly arrived, so they could give
no account of the Natives. The other man staled that, previous to the Murder,
the Natives had not been there for four Months, but before then they were
frequently in the habit of coming to the hut, and that the men were always kind
to them. The same account was given by Cobb's men, and they were seemingly on
such friendly terms that they apprehended no danger even after the murder of
Bowman's men.

When at Mr. Cobb's hut
and while I was making these enquiries, and at the time one of the men was
shewing me boomerings and spears he had picked up where the men were murdered,
another man took up a musket saying "this is the sort of spear" and
shot the other man through the breast. The ball entered the left breast and
lodged in the back close to the back bone near the surface.

The harassing and
killing of Cattle is even greater here than on the Namoi, and seems getting
worse every day. The remains of six bullocks have been found at one of their
encampments used at one feast. On another occasion when a party went in pursuit
of them after they had murdered Mr. Cobb's men, they found the remains of 28
sheep at the place where they had encamped the first night after the murder. It
was a black boy belonging to the tribe that traced them. They found 250 fires
and the boy said there might be four at each fire. There is little doubt that it
is most imprudent in the men to harbour and encourage the natives about the
stations, and I have no doubt part of the present evils existing can be
attributed to this cause.

The main cause,
however, I imagine to arise from white men being with them urging them on to
these outrages. The Black boy, who traced them, says that there are three
white men with them painted like the Blacks, and this statement is corroborated
by his taking the party to a hut in the mountains constructed evidently by white
men. The wall plates were morticed and pegged down, the bark put on with green
hide, the door hung with hide hinges, and berths for sleeping in put up.

If Government mean to
take any steps to suppress these outrages it would be a material point to secure
the black boy above alluded to. He is staying at a Mr. Fleming's station, the
lowest but one on the Big River : he is intelligent and can make himself
understood, and bays he has no wish to join his tribe again as they would kill
him. I have, &c..

Alexr, Paterson.

[Enclosure AT to Minute
No. 20 of 1830.1

Sir, Court House,
Merton, 19th May, ISao,

We had the honor to
receive your letter of the 4th Inst. communicating to us 1 (he desire of Ills
Excellency the Governor that the examination of Lieutenant Cobban should be
taken relative to the circumstances attending the death of certain aboriginal natives in collision with the Mounted Police.

We beg to state that
Mr. Cobban attended at this Court House on the 17th Inst., when he made before
us the deposition of which a Copy is enclosed.

We have, &c,

Enwin Day, J.P.

W, Ogilve. J.P.

The Honble. The
Colonial Secretary.

[Enclosure A S to
Minute No. 20 of 1S30.] t

Court House, Merton,
17th May, 1839. t

Lieutenant McKenzie of the 50th
Regt., attached to the Mounted Police, being
duly sworn, deposes:—In the Month of December, 1837, I was commanding the Mounted
Police in this district and stationed at Jerry's Plains ; on the 29th of that Month,
I left the station with a party of Mounted Police for the Big River under the
command of Major Nunn. I understood that the object of our expedition was to drive
away certain tribes of Blacks who were murdering some white people and
committing outrages on their runs, spearing the Cattle and driving away Sheep in
that part of the Country. On reaching the Namoi, we encamped there at a Station
called Green hatches, where several .stockmen came riding in and reported to
Major Nunn in my presence that some wild blacks had the day before crossed their
runs, and Speared several Cattle, 1 think they said eight or nine head. They
further said that they were the same blacks who had some time before murdered a
man of Mr. Hull's and attacked the hut. Mr. Hall's Stockman, who had himself
been wounded in that attack by the blacks, stated this information to Major
Nunn, They also reported that they could guide the party to the place where the
Wild blacks were encamped with a tame tribe, whom they had gone to visit. We
marched from Green hatches that night about nine O'clock with the view
surrounding the wild tribe at daylight on the next morning, before they
dispersed in search offood. We saw the blacks' fire about daylight the
next morning ; they were encamped on the banks of the River Namoi with a deep
reach in front and a brush at some distance in the rear. We walked our horses
quietly along by my orders (Major Nunn being then a little in the rear); my
orders were to ride quietly on until we should be observed, and then to charge upon them so as to capture the whole tribe; some troopers had been before
that sent across tile river to prevent their escape, if they should take to the
water in front and swim across. Major Nunn had before that given orders to the
party on no account to use fire arms, but if necessary in self defence to use
their swords. The impression on my mind is that the men were to use fire arms,
if absolutely necessary tor the protection of their lives, and also for the
purpose of securing any prisoners they may be sent to apprehend, and for
preventing the escape of any person who may have been captured.

This is the principle
on which the Mounted Police have always acted as far as I am aware, when sent on
duty ; the greater part of the blacks were surrounded and taken, but some few
got into the water who were afterwards taken too. They came out by a great deal
of persuasion and some were dragged out by one of the men who swam his horse in.
There were one or two shots fired on this occasion but no life was lost, nor was
any person wounded. The shots were fired to intimidate the blacks, who had got
into the river and to frighten them out of it; after we got all the blacks
together, one of the tame ones, who had been at Mr. Hall's station when the man
was murdered there, pointed out one man who had been concerned in the
murder. He also said that all the other wild blacks had been guilty of spearing
Cattle, as the Stockmen had represented to us at Green hatches ; we took all
those who were pointed out to us by the tame blacks as having committed
depredations on the whites back to encamp at Green hatches the same night. The
man, who was said to have murdered Mr. Hall's man, shewed great fear and
uneasiness and made several attempts to escape on the way ; after the blacks
were given over in charge to the sentries at the camp, they made an attempt to
escape. The murderer was the first to rush; he ran past me towards the bed of
the river, which was full of swamp oaks. I started after him, but, while
pursuing him, two other prisoners, who were handcuffed together, ran nearer to
me, and I turned after them; they fell in the flight and it being nearly dark I
tumbled over them ; one of them immediately fastened his teeth in one of my
arms; the other clung with all his force to one of my legs and caught my boot
with his teeth. I kept hold of them however by their hair, until they were
secured again. Major Nunn and myself first became aware of this attempt of
escape by hearing the Sentries fire. After the two blacks, whom I caught, were
secured, one of the men stumbled on the body of the man who was accused of
Murder. He was lying dead in the bed of the river with a wound in his back,
which he must have received in the act of running away. The Black boy, who acted
as Interpreter, told me that one Black present knew the blacks of the Big River
who had been committing the murders in that neighbourhood and their Country ;
and I suggested to Major Nunn that it would be desirable to take one of them
with us as a guide and let the others go, as the death of the man who had been
shot may deter them from committing further outrages on the Whites. A guide was
accordingly kept, and the others having first received some food and presents
were let go.

We then proceeded
towards the Big River; on making Mr. Hall's Cattle station, we received further
complaints against the blacks ; we were told that they were continually spearing
the Cattle and intimidating the Shepherds; one of the shepherds then told us
that he had met the blacks the day before in his way from an out Station; That
they stopped him and would have killed him if he had not told them that the
Soldiers (as the blacks call the Mounted Police) were on their way up. They
brandished their Tomahawks and spears about his head, and searched all his
pockets. When they let him go, they said they did not care for the Soldiers,
that they were not afraid of them. I was ordered out by Major Nunn to look for
these blacks, and I searched all that night for their fires and all the next
day, when I got upon their tracks and traced them to a Gully, where 1 found them
perched upon ledges and rocks quite inaccessible to us. They shouted out
defiance at us, as I understood ; but we could not get near them at all ; when
all our efforts to takethese people failed, I
followed Major Nunn and the rest of the party according to his orders to Mr.
Cobb's station on the Big River ; on arriving there I found all the people at
the station in the greatest alarm from the blacks. The shepherds were afraid to
move out of sight of the hut, and the sheep were in a wretched state for want of
food. We refreshed our horses here for one or two days, and were made acquainted
with all the particulars of the brutal murder of Mr. Cobb's two men at that
Station some time before. The direction the blacks took after committing the
murder was pointed out; and we found that the story of our black Guide was
correct in this respect; we proceeded in the direction, and, after two or
three days' Journey, we came on old traces where they had been. We followed up
these marks for four or five days.

The marks were
permanent from the nature of the Country and from some rain having fallen when
the blacks passed over it; by this time, we came on fresh marks made a day or
two before. I kept in front of the party with the black boy (our interpreter)
and the Guide we brought from Green hatches. We followed up these marks until
they led to a spot where the Guide pointed out some spears leaning against a
tree. A black fellow had been lying asleep under the same tree; he ran up the
tree on our coming up in great alarm; he was got down with great difficulty.
This man was one of a small party of three or four, for whom I was ordered to
search by Major Nunn; the old black man, who had been found with the Spears, and
the black boy went with me, while looking out he told me through the interpreter
that he could guide us to the rest of his party who were out getting honey. We
got them one by one with much trouble. I took the four to Major Nunn, the same
night; we questioned them about the tribe who committed the murder and asked
them where they were. They pointed to a Creek at some distance, for which we
started early the next morning and reached it the same night. There we found
marks of the blacks having been lately encamped. These marks were quite
fresh; the blacks were not found that night. We started next morning nt day
break and followed the tracks of a very numerous tribe for some distance until
we saw smoke ahead. I was then in front and passed the word to the men that we
were close upon them, and ordered them to prepare. On reaching the smoke nearer,
we found it to be from a burning log, and concluded from it that the blacks were
still a day's Journey ahead of us. We were consequently thrown off our
guard; but, on proceeding a few Hundred yards further and in turning an angle of
the Creek, we came suddenly on a great number of blacks apparently encamped on
opposite side from us, with a large body of water in between us and them, and a
thick scrub close behind them, for which they made instantly on observing us.
The five or six men who were In front with me were the best mounted in the
party, and I ordered them to return a little distance with me to a crossing
place, where we crossed ; on crossing we opened out and drew our Swords and
Galloped into the scrub. We entered the Scrub in a direction to cut off the
retreat of the blacks, and drive them back on the water, where they would be
placed between my men and those on the opposite side who had not crossed. The
scrub was extremely thick ; at this place we encountered the blacks face to face
; before we saw each other we were quite close. They had each two spears. I made
an attempt to ride down one who was immediately in front of me; he stooped so
low that I went over him and turned short to the right into a thick bush; while
I was wheeling my horse round, I heard the many minutes.
Major Nunn and myself rode round the scrub to see what number had been killed. I
certainly did not see more than four or five, if so many ; after this some black
gins were found in various hiding places; on questioning them through the
interpreter, we found the party, we had fallen in with, was only a small
detachment of the tribe..."

"The only question is whether we will abandon
all control over these distant regions, and leave the occupiers .. unrestrained
in their lawless aggression ... upon the Aborigines, or make such efforts, as
are in our power, to preserve order amongst all classes."

6 April 1839 (HRA) "Gipps to Glenelg; .. the establishment of a Police Force beyond the
limits of location .. With respect to former Acts which have been passed to
regulate the occupation of Crown Lands beyond the Borders of Location ... Your
Lordship may probably observe that no mention is made in the act of the
protection of the Aborigines, although, as stated in my opening address to the
Council, it was principally introduced for the purpose of putting a stop to the
atrocities which have been committed both on them and by them .. The Law
however, as it respects the Aborigines, required neither improvement nor
alteration, the means only were required of putting the Law in execution; these
it is hoped will be supplied by the Police to be established under the act, and
it will be of course for the Executive Government to direct the application of
them. .. and therefore the only question is whether we will abandon all control
over these distant regions, and leave the occupiers .. unrestrained in their
lawless aggression ... upon the Aborigines, or make such efforts, as are in our
power, to preserve order amongst all classes."

“Unfortunately
killed”

“[Enclosure
A 5 to Minute No. 20 of 1839.

Sir,

CourtHouse.Merton, 9th
April.1839

Incompliance withthe desire ofHisExcellency theGovernor,communicatedto us in theletters we hadthe honor to receivefrom
you. that we shouldinquire
at court-house into thecircumstancesrelativetothecollisionbetweentheMountedPoliceunderthe command of Major
Nunn and the Black Natives on the Namoi and Gwyder rivers, wherein some of the
latter were unfortunately killed in the Month of January,1838. We attended at the Court House for that purpose on Thursday, the
4th Instant, and took depositions and examinations of all the parties presented
to us for that purpose, namely. Major Nunn, Sergeant Lee, and Corpora!Hannon of the Mounted Police and Major Fitton, a Stockman of
Mr. Hall's. Copies of which we have now the honor to enclose.

17th May, 1839 (HRA) Deposition ... re collision between mounted police under J.W. Nunn and
aborigines. "... the object of our expedition was to drive away certain
tribes of blacks who were murdering some white people and committing outrages on
their runs, spearing the cattle and driving away sheep ... Major Nunn had before
that given orders to the party on no account to use fire arms, but if necessary
in self defence to use their swords ... After the two blacks, whom I caught,
were secured, one of the men stumbled upon the body of the man who was accused
of Murder. He was lying dead in the bed of the river with a wound in his back,
which he must have received in running away. ... (&c. &c.)"
HRA

"Asserting
Her Majesty's right to Alienate the Waste Lands of New South Wales"

17th May, 1839

(HRA) "Crown Lands. Despatch from the Most Noble the Marquess of Normanby,
to His Excellency Sir George Gipps, Knight, approving of the Crown Lands Act ...
and asserting Her Majesty's right to Alienate the Waste Lands of New South
Wales, and to direct the appropriation of the proceeds of the Sale of these to
the Public Service ... an Act passed by the Legislative Council of New South
Wales, on the 2nd October, 1838, intituled, "An Act to continue
and amend an Act to restrain the unauthorised occupation of Crown Lands:"
and I am to signify to you Her Majesty's gracious approval of that Act ..."

Queen Victoria's Government and His Excellency the
Governor proclaim the subject and possessory rights of Aborigines of New South
Wales

21st May, 1839

Colonial
Secretary’s Office, Sydney, 21st May, 1839.

(The
following notice was published at the time of its date.)

“His Excellency the Governor desires to draw attention of the owners
of stock throughout the colony, and of the public in general, to the extensive
powers which by an Act passed in a recent extraordinary session of the
Legislative Council (2 Vict., No 27,) are now vested in the commissioners of
lands acting beyond the boundaries of location, as well as to the fact that
these commissioners are now magistrates of the territory; and as one of the
principal objects which the Council had in view in passing the Act referred
to, was to put a stop to the atrocities which have of late been so extensively
committed beyond the boundaries, both by the aborigines and on them, His
Excellency deems the present a proper occasion to notify to the public, that
he has received distinct instructions from Her Majesty’s Government, to
cause an inquest or enquiry to be instituted in every case wherein any of the
aboriginal inhabitants may have come to a violent death in consequence of a
collision with the white men; and that His Excellency is determined to make no
distinction in such cases, whether the aggressors or parties injured be of one
or the other race or colour, but to bring all, as far as may be in his power,
to equal and indiscriminate justice.-As human beings partaking in our common
nature-as the aboriginal possessors of the soil from which the wealth of the
country has been principally derived - and as subjects of the Queen, whose
authority extends over every part of New Holland-the natives of the Colony
have an equal right with the people of European origin to the protection and
assistance of the law of England. To allow either to injure or oppress the
other, or to permit the stronger to regard the weaker party as aliens with
whom a war can exist, and against whom they may exert belligerent rights, is
not less inconsistent with the spirit of that law, than it is at variance with
the dictates of justice and humanity. The duties of the commissioners of crown
lands, in respect to the aborigines, will be to cultivate at all times an
amicable intercourse with them, to assist them in obtaining redress for any
wrong to which they may be exposed, and particularly to prevent any
interference on the part of white men with their women. On the other hand,
they will make known to them the penalties to which they become liable by any
act of aggression on the persons or properties of the colonists. They will
endeavour to induce the chiefs in their respective districts to make
themselves responsible for the good conduct of their tribes, and they will use
every means in their power to acquire such personal influence over them, as
may either prevent aggression or ensure the immediate surrender of the parties
who may be guilty of it.-His Excellency thinks it right further to inform the
public, that each succeeding despatch from the Secretary of State, marks in
increasing degree the importance which Her Majesty’s Government, and no less
the Parliament and the people of Great Britain, attach to the just and humane
treatment of the aborigines of this country, and to declare most earnestly and
solemnly, his deep conviction that there is no subject or matter in which the
interest as well as the honor of the colonists are more essentially concerned.”

"the
circumstances of the homicide are unknown, (an
Aboriginal death in custody) and no coronial enquiry was conducted. On this
point, the Office of the Aboriginal and Torres Strait Islander Social Justice
Commissioner in its Indigenous Deaths in
Custody , 1989-1996 report (Commonwealth)
expressed considerable concern. 'The decision by the Coroner not to carry out an
inquest is disturbing ...' In this case, there were two breaches of RCIADIC
recommendations, these being the recommendation that all deaths in custody be
required by law to be the subject a coronial inquiry, culmination in a formal
inquest (R11), and that such an enquiry investigate the quality of care,
treatment and supervision of the deceased (R12)"

1. Every individual employed in the Border Police is
expected to pay implicit obedience to the orders of the Commissioner, in the
same way as troopers of the Mounted Police or soldiers in any regiment of the
Line are bound to obey the orders of their Commanding Officer.

2. Non-commissioned Officers and troopers of the Mounted
police are in an equal degree bound to pay implicit obedience to the Crown
Commissioner during the time they are placed under his orders.

3. The Commissioner of each District will keep a very
accurate register of the conduct of every man, who is attached to him, and will
report monthly the behaviour of each individual for the Governor’s
information.

4. The governor will consider good conduct of the Border
Police to constitute the greatest recommendation, which any man can have in this
country to His favourable notice; and He will be happy to grant the highest
rewards which is in His power to bestow, and at the earliest periods which He is
by law or regulation empowered to grant them.

5. On the other hand, the Governor desires it to be
perfectly understood that He will instantly remove from the Border Police any
man of whom he receives an unfavourable report; and that any person removed for
his misconduct will be retained in Hyde Park Barracks, or in Government
employment at some other station, for the whole of the time he may have to serve
in the Colony.

6. The means, by which every Border Policeman will have
it most in his power to obtain the approval and favourable consideration of the
Governor, will be by behaving in a kind and humane manner to the natives, and by
endeavouring to gain their confidence and esteem, as well as to civilise and
improve them.

7. The offences, on the other hand, which the Governor
will never overlook or forgive, are any harsh or unkind treatment or ill usage
of the natives, any attempt to teach them bad language, or to lead them into
vicious practices, or to mock or laugh at them.

8. Any person whatsoever giving or offering to give
spirits to a native, or encouraging in any way a native to drink spirits, will
be immediately dismissed.

9. Any person whatsoever having improper intercourse, or
attempting to have improper intercourse with a female native even with her own
consent or the consent of her friends, will in like manner be immediately
dismissed, and otherwise be punished to the extent of the Governor’s power.

10. The troopers of the Mounted Police attached to the
Border police will for the first three months act as non-commissioned officers.

11. The Commissioners will subsequently recommend the
best behaved men to succeed them, and, should there be none whom they can
recommend, they will report the circumstances in order that deserving men from
other districts may be sent to them.

12. These orders are to be read at least once a month to
every man in the Border Police by the Commissioner of the District.”

NOTE: chase up Report referred to.
(London?)

"... any
malicious injury or offence committed upon or against any aboriginal
native"

"An Act further to restrain the
unauthorized Occupation of Crown Lands and to provide the means of defraying the
Expense of the Border Police [22nd
March, 1839.]

Whereas the unauthorized occupation of
the unalienated Lands of New South Wales is derogatory to the Rights of the
Crown and conducive to many illegal and dishonest practices and whereas an Act
was passed by the Governor and Council of New South Wales in the seventh year of
the reign of his late Majesty King William the Fourth intituled (sic)
"An Act to restrain the unauthorized occupation of Crown Lands" which
has been found beneficial in its operation and whereas another Act was passed in
the second year of Her Present Majesty intituled "An
Act to continue and amend an Act intituled 'An Act to restrain the unauthorized
occupation of Crown Lands' and it is expedient to repeal the same ...and to
provide the means of defraying the expense of a Border Police ...

5. And be it enacted That it shall be
lawful for any Justice or Justices before whom any person holding a license for
any of the purposes aforesaid shall be convicted on the oath of any one or more
credible witnesses of any felony or of illegally selling fermented or spirituous
liquors or of wilfully harbouring any convict or felon illegally at large or of
any malicious injury or offence
committed upon or against any aboriginal native
or other person or of any other offence which shall actually endanger the peace
and good order of any district or tend to obstruct the due provisions of this
Act to declare the license of any such person so offending to be null and void
..."

10th June, 1839(HRA
22 July 1839, pages 256-7) Attorney General's Office. Opinion by JH Plunkett on
papers re collision between mounted police under J.W. Nunn and aborigines.
" ... relative to the circumstances attending to the death of some
Aboriginal Natives in a collision with the Mounted Police on the rivers Namoi
and Gwydir, and requesting my opinion whether any further proceedings are
necessary in the case, and at the same time offering such remarks on the whole
subject as I might deem proper; also stating you were directed to Explain to me
that, the Inquiry in the case having been held in the express orders of the
Government, the Proceedings were forwarded by the Magistrates to you, but that,
as a Notice has been issued in the Govt Gazette of the 29th Inst.
that, in every case in which an Aboriginal Native may meet with a violent death
in consequence of a collision with white men, an Inquest or Inquiry is to be
held in the same way as if the Deceased had been of European origin, the
proceedings in similar cases will in future be forwarded to me by the
Magistrates themselves ... Before I allude to this particular case now before
me, I beg leave to observe that ... I infer that you cannot be aware that the
practice has always been, since i have had the honor to hold office, in accordance with the terms of the Notice, which
you state has been issued on the 29th Inst., and, in whatever part of
the Colony within reach of a Magistrate, an Aboriginal Native met with a violent
death, the same Inquiry was caused as if the Deceased were of European origin:
and
I have invariably in my official communications with the the Magistrates in the
in different parts of the Colony impressed upon them the necessity of acting in
all such cases without any distinction between Black and White; and, as far as I
had an opportunity of judging, the Magistrates have invariably done so. Although
there is too much reason to apprehend that many of the Aboriginal Natives have
met with death from violent means, such instances I believe have only occurred
beyond the Located limits of the Colony where no magistrate was within reach.

In
the present case, it is much to be regretted that this practice was not followed
by Major Nunn and Lieut. Cobban, who were both Magistrates of the Territory, and
were I presume, at least ought to have been aware of it. If they had discharged
their duty at the time, the proceedings would have come in the usual course to
this, the
proper office for them; and whatever other proceedings might have become
necessary would have been taken without delay.

At
this distance of time (it being according to the papers sent me One year and
nearly five months since the unfortunate collision took place), I see the whole
case surrounded with so many Embarrassing circumstances that it is difficult for
me to determine what course should now be taken.

None
of the documents transmitted to me are such as I could act upon as Public
Prosecutor; there are no Original Depositions among them: there are only Copies
of Depositions purporting to have been made before the Bench of Magistrates at
Invermein by Major Nunn on 4 April, 1939; Serjeant Lee on the same day; Corporal
Hannon ditto; Felton (Mr. Hall's stockman) ditto; Lieut. Cobban on the 16 May,
1839.

It
appears from the Copy of Major Nunn's Deposition (which i presume to be a
correct Copy) that his party consisted of 1 Subaltern, 2 Serjeants and 20
troopers, making on the whole (including Major Nunn himself) 24, besides some
stockmen that accompanied them.

There
being so many other persons to give an account of the transactions, if these
Depositions had been taken in due time and forwarded to this office regularly, I
could have immediately returned them to the magistrate, in order that the
greater number, if not the entire party should be examined.

The
Depositions taken could not be given in Evidence against the parties making
them, and the law does not allow an admission made under the sanction of an oath
in this way to be legal Evidence, neither do they mention the names of the other
members of the party.

Before
a correct legal opinion can be formed on the case, it would be necessary to
Examine the rest of the party, and then the Bench of Magistrates should, as in
all other cases, Exercise their discretion in it, and after that the whole
proceedings should be forwarded to me, until then, it would be premature in me
to form an opinion on the case.

As
however His Excellency is desirous that I should offer such remarks on the whole
subject as I might deem proper, I think it right to suggest that, in the present
state of the case, it belongs rather to the Executive Council to advise His
Excellency as to the policy and Expediency of instituting at this late period
such an enquiry as that which in my opinion ought to have taken place in
January, 1838. The Council taking into consideration the great excitement, which
would undoubtedly be created by it in all parts of the Colony, and balancing
against each other the evils which must obviously exist, whatever course may now
be determined.

I
have, &c.,

John
H. Plunkett, Attorney General."

The Protection
of the Aborigines

13th July, 1839
"Estimate of the Probable Expenses of the Establishments for the Protection
of the Aborigines, and of Missions for their Civilization and Conversion to
Christianity, for the Year 1840: Salary of Chief Protector ... Four Assistants
... Allowance to the Chief Protector ... For Donations, at the discretion of the
Chief protector ... Donations of Provisions, Clothing and Blankets, for
distribution by the several Police Magistrates, and Crown Commissioner ... Lake
Macquarie: Salary of the Rev. LE Threlkeld ... Allowance for the maintenance of
four convict servants ... Wellington Valley: In aid of the Mission, by the
Church Missionary Society ... Moreton Bay: In aid of the German Mission at
Moreton Bay on condition of an equal sum being raised by Private Contributions
... Port Phillip: In aid of Mission by the Wesleyan Missionary Society, on
condition of an equal sum being raised by Private Contributions ... Estimated
Charge of Donations and Missions to the Aborigines: 5,454 pounds, 12 shillings.
E Deas Thomson, Colonial Secretary, Colonial Secretary's Office, 13th
July,1839"

[Source:
Votes and Proceedings of the Legislative Council 1840?]

Magistrate
Scott and the Myall Creek murderers

17th July 1839
(HRA) "The person who presided at this Meeting (in support of the accused
white men) was Mr Robert Scott,
a magistrate of the Territory ... a person of note ... he was seated in Court at
their trial, close to the Bar, and by the side of their Attorney, thus making
himself a party to their defence to the very last."

Gipps

Atrocities

17 July 1839 (HRA) Gipps to Glenelg " a long list of atrocities, committed both by and
on the Aborigines of this Country.. I had despatched a party of Mounted Police
in search of some white men, who were supposed to have put to death in cold
blood not less that twenty two helpless and unoffending Blacks.. " [37]

The execution of the Myall Creek murderers

17 July 1839 (HRA) "Normanby to Gipps ... reporting the Conviction and subsequent
execution of Seven Men concerned in the Murder of Aborigines .. (and) .. the
removal of Mr R Scott's name from the Commission of the Peace. ... The whole of
these proceedings point out strongly the necessity of pursuing in the most firm
and decided manner such measures ... best calculated to check that system, which
has unfortunately arisen, of atrocities committed both by the Settlers and by
the Aborigines against each other... the fate of those men ... will serve to
check that feeling of recklessness in sacrificing the lives of the Natives ...
you would have failed in your duty, had you permitted the name of Mr Scott to
remain in the Commission of the Peace. The station, which he held in Society,
made it more necessary to mark the disapprobation of the Governmentof his conduct ... The attention of HM's Government has recently been
called to the necessity of making provision for receiving the evidence of
Aboriginal Natives in Courts of Justice. This, however, is a question which I
consider it better to leave to you to bring before the local Legislature,
convinced that it will receive that consideration, which so important a question
demands."

"This Government has been in no way neglectful
of its duty to the Aborigines"

(Report referred to,
Mitchell and massacres, to be located)

Minutes of executive council re
collision between mounted police and aborigines);

With
reference to the correspondence … on the subject of an encounter in Jany.,
1838, between a party of the Mounted Police under Major Nunn and a Tribe of the
Aborigines of this Country, as well as to other matters connected with the
treatment of the Aborigines, I have now the honor to forward to your Lordship
Extracts from the Minutes of the Proceedings of the Executive Council on the
7th ulto., and 9th inst., whereby the nature of the enquiry, which has beeninstituted into
Major Nunn's case, will be explained to your Lordship, as well as the reasons
which have induced the Council to consider that no further proceedings in it are
necessary. The cause of the long delay, which has occurred in the disposal of
this case, is also 1 hope sufficiently explained in the Minutes now for­warded;
but 1 beg leave further to add that it was scarcely desirable for the
investigation at Merton to have taken place earlier, even if it had been
possible, on account of the excitement pro­duced in the Colony by the
proceedings which terminated in the execution in Decr. last of seven men for a
massacre of the Aborigines, as reported m my Despatch of the l9th of that
month, No. 200.

I
beg further to report to your Lordship that the same causes, which prevented the
earlier disposal of Major Nunn's case, prevented also my publishing, until the
21st May last, the long contemplated notices on the subject of the Aborigines,
which was first mentioned in my Despatch, No. 68 of the 27th April, 1838. No
fitting opportunity for the publication of this notice pre­sented itself, until
after the act (2 Vict. No. 27) for the establishment of a Border Police bad
passed the Legislative Council; indeed I am so fully persuaded that it, would
have been illtimed, had it appeared earlier, that 1 should scarcely think any ex­planation
on the subject necessary, were it not for an expression in respect to it. in
your Lordship's Despatch of the 16th Novr., 1838, No. 244, replying to mine of
the 27th April, 1838, already referred to.

I
trust that the proceedings, which ended in the execution of the seven men in
Decr. last, and the subsequent exertions made to establish a Border
Police,
will
have satisfied your Lordship that
this Government has been in no way neglectful of its duty to the Aborigines, or of the respectful obedience which it
at all times
ought to pay to the expressed wishes of your Lordship and of Her
Majesty's Government, in regard to the treatment of them. In the
immediate case
under consideration (that of Major Nunn), I trust also your Lordship will agree
with myself and the Executive Council in thinking that no further proceedings
could with propriety be adopted; and that, if any of the parties were placed on
their trial, the result would inevitably be an acquittal.

It
appears to me that the worst feature in the case was the renewal of the pursuit
of the Blacks and of the firing, after a pause of about two hours (see Mr.
Cobban's evidence, Page 50 of the enclosed paper) ; when however it is borne in
mind that Major Nunn was a Military man, acting under Military orders, and that
he knew there was still assembled before him a large

body
of the People, whose aggressions he had been sent 300 miles to repel, it may not
be deemed extraordinary that he should have considered it his duty to disperse
them, or that he should have thought, if he had failed to do so, that the object
of his expedition would not have been accomplished.

I
further enclose for your Lordship's information a copy of the Notice which I
issued on the 21st May last, and also a Copy of the Standing Orders, which I
have desired may be read once a month at least by each Crown Commissioner to the
men of the Border Police under his orders.
(see 21st May 1839)I have, &c., GEO. GIPPS

"A
collision which took place in January. 1838, between a party of the Mounted
Police under the command of Major Nunn and a Tribe of the Aboriginal
Natives"

[Enclosure
No. 1]

27th
July,
1830

Extracts
from
the
Minutes of Proceedings of theExecutive
Council, dated7 June and9th July1839respectively,relativetoDepositionstakenbeforethe Magistrates of theBenchatMerton.inreference toaCollision which took place
in January,
1838, between aParty
of Mounted Police under Major Nunn and a Tribe of Aboriginal Natives.

Present:—His Excellency the Governor; His Excellency Major General Sir Maurice
Charles O'Connoll, K.C.H.: The Right Reverend the Lord Bishop of Australia : The
Honorable the Colonial Secretary.

His
Excellency the Governor, with reference to …the subject of the measures which were to be adopted in consequence of a
collision which took place in January. 1838, between a party of the Mounted
Police under the command of Major Nunn and a Tribe of the Aboriginal Natives,
now laid before the Council certain Depositions which had been taken in this
Case by the Magistrates of the Bench at Merton, and also a letter from the
Attorney General to the Colonial Secretary commenting on the
same.

His
Excellency stated that this Investigation had been made in pursuance of the
recommendation of the Council by their Minute of 27th March, 1838, above
referred to; and. in laying the Papers in question before them, His Excellency
was anxious to make known to them the causes which had prevented that
Investigation from taking place at an earlier period.

Two
Officers and twenty two non-commissioned Officers and Pri­vates of the Mounted
Police having been engaged in the Affair to be Inquired into, it was deemed
proper that a considerable portion. if not all, of those Individuals should
attend the Investigation. Scarcely however were the orders given for the Party
to proceed to Merton, when, in consequence of an outrageous attack by the Blacks
on a Convoy of Sheep and Cattle, the property of Mr. William Pitt
Faithfull,
proceeding towards Port Phillip, the services of every man. who could be spared
of the Mounted Police, were called for In that direction, being the directly
opposite one to that in which Merton is situated.

As
soon as this service terminated, an order was again given (on the 20th of June,
1838) for Major Nunn to repair to
Merton;
and
a letter was written to the Magistrates instructing them to commence the Investigation.

On
the 9th of July, however, and before any thing could be
done,it was necessary to send the Police
Magistrate of Merton (Mr. Day) with
us many of the Police as could be collected, in search of the
Parties who were then
reported to have
massacred between twenty and thirty helpless and unoffending
Blacks in the
neighbourhood of the River Bogy; the events, which followed, are sufficiently
known to
the Council and to the whole Colony.

Mr.
Day. after an absence of Fifty three days, returned with eleven out of the
twelve men, who had been concerned in this atrocious deed; and of them, seven,
after a protracted course of Legal investigation, paid the forfeit of their
lives upon the Scaffold.

During
the whole of these proceedings, which did not terminate until the middle of
December last, the Inquiry could not lie pro­ceeded with; for not only was it
deemed inexpedient to hold it while the Public Mind remained in a very excited
state In respect to the blacks. but the Police Magistrate of the District, where
the Investigation was to lie held, was occupied during almost the whole of the
time in the pursuit, capture, and subsequent trials of the Offenders on the
River Bogy.

On
the 7th of February last, an order was again given for Major Nunn and as many of
his Party as could be collected to proceed to Merton.

It;
was only however on the fourth of April that he, accompanied by Sergeant John
Lee and Corporal Patrick Hannan out of the whole Party arrived there, and were
examined by the Bench: and the attendance of Mr. Cobban could not. be procured
before the seventeenth of the following month.

The
whole of the Evidence then taken has since been laid before the Attorney General
; and it is now submitted to the Council, with the Attorney General's Report.

The
further consideration of the subject was then deferred.

Major
Nunn massacres the Aborigines under a persuasion that it was self-defence

Extract
from Minute No. 22 of the year 1839,

dated 9th July.

Present
:—As on last occasion.

The
Council resumed the consideration of the Papers submitted to them by His Excellency the Governor.
relating to the encounter between the Aborigines and the Mounted Police under
command of Major Nunn at the River Bogy in January, 1838.

The
Council having attentively considered the Depositions taken in this important
Case, together with t lie letter of the Attorney General in reference to the
same, and having also carefully reviewed their own proceedings in connexion
with this Inquiry ... they are of opinion that no object either of Justice or
Humanity could he at­tained by making the transaction in question the subject
of further Judicial inquiry.

In
coming to tills conclusion, the Council are anxious to record the grounds upon
which it rests, and to shew that they have not failed to bestow the most earnest
consideration upon the
difficult and trying nature of the service upon which the Military were
employed, as well as upon the acknowledged claims of the Native Tribes to the
utmost degree of forbearance and protection which can be extended to them,
compatibly with the general safety.

It
does appear that whatever compassionate allowance may be made for the ignorance
of the Savage Tribes or for provocations which it is possible they may on other
occasions have received, they were unquestionably the Aggressors in the present
instance.

The
Council are compelled to admit that their acts of violence, rapine, and murder,
reported to this Government in December. 1837, were such as to authorise and
require the employment of an Armed force to repress them, and to secure the
lives and properties of the Settlers occupying Stations beyond the limits of
Location. and having Servants necessarily in a state of much exposure employed
in charge of the same.

The
first act of bloodshed, attendant on the employment of the Military in these
transactions, arose from the attempted escape of a Black Native who had been
identified as having been a leading accomplice in the murder of a White man, and
who was shot in endeavouring to escape from what must be regarded as Legal
Custody: the Officers, by whose directions he was arrested and under whose
charge he was detained, being also Magistrates of the Territory.

In
the main encounter in the month of January, 1838, the Council find the
strongest, reason to deplore the numbers of the Native Tribe, who, even
according to the lowest, estimate, fell under the fire of the Police. They have
most assiduously sought to arrive at an accurate view of these transactions,
derived from the Depositions of Major Nunn, Lieutenant Cobban, and the other
Parties who were examined before the Bench of Magistrates at Merton. These
statements appear to be sufficiently candid and consistent. and, from them,the Councilbelieve they may
safely deduce the conclusion that the firing on the part of the Soldiery commencedunder a persuasion that it was necessary in self-defence.

Having
given the most attentive and Impartial consideration to the entire question
under every aspect in which they conceive ii can possibly be regarded, The
Council are now enabled to advise His Excellency that there are not sufficient
grounds for preferring a charge of wilful misconduct, against any of the Parties
engaged against the Natives in this lamentable casualty; and that accord­ingly
all proceedings connected with it should now be allowed to terminate.

The
Council, however in justice to themselves and to the Govern­ment, can not
forbear annexing the following observations upon a few collateral points.

First,
they are persuaded that no imputation can Justly lie against the Executive
Government of insensibility to the protection of the Native Tribes, or of dis-inclination
to avenge their injuries, when it is considered, how marked and severe an
example of Justice has been recently executed upon Offenders convicted of a
barbarous outrage against them. At the same time, the Council are sensible of a
duty incumbent on them to draw the widest distinction between the case of those
murderers of men. women, and children, without personal provocation and in cold
blood, and that of Officers and Men repelling an attack made upon them, while
acting under orders In execution of their duty.

Secondly,
The Council can not but advert to that paragraph in the Letter of the Attorney
General relating to these transactions in which surprise is apparently expressed
that no Inquiry in the nature of
an Inquest was held upon the bodies of the
Natives, who fell in a
skirmish with the Military, his
Officers who commanded onthe
occasionboth holdingthe Commission of thePeace.
Entirely as the Council approve of the practice of holding an Inquest in every
case, wherein it may be practicable, of violent death befalling anyof the Aborigines, they are unable in the present instance, to discover
any mode in which such an Investigation could have been entered into with
consistency, the Officers, by whom it ispresumed
theInquest, might have been held,
being themselves the principals in the transaction upon which they would have
had to sitin Judgment.The
Military, having been the only persons presentand
therefore alone capable of being examined asWitnesses, werealleitherprincipalsoraccessories;anditappearstobe admittedby the Attorney
Generalthatany evidence, they might thus have furnished against themselves, would
have had no Legal effect, while, as a means of self-exculpation, it is plainthat their own testimony could have availed but little.

With
reference to the opinion, expressed or implied by the At­torney General, that a
different result might have ensued, if the Investigation had been, as it ought,
undertaken in January, 1838, the Council can not but observe that the
transaction itself occurred only in that month beyond the borders of Location;
and that official intelligence of it was not received until the 6th of March
next ensu­ing. Subsequently to this, the question as to what measures were
proper to be taken was brought before the Council by His Excellency the
Governor on as early a day within the same month, as the due order of the Public
business permitted: and their advice was at once given that precisely the same steps should be
taken for the attainment of Justice, if it should appear that aggression had
been committed against the Natives, as would according to Law have been
directed, upon the supposition that, a similar injury had been sustained by
persons of European Origin. The Council therefore are of opinion that the great distance of the
scenes of operation and investigation, coupled with the wide dispersion of the
Mounted Police on duty, and the consequent, difficulty of assembling at one
point those whose depositions were to be taken, sufficiently account for the
length of time which has been occupied in the Inquiry; and that no blame, so far
as they are aware, can justly be imputed to any individual on this account.

Wm.
Macpherson, Clerk of Councils.
Sydney, 27th July, 1830.

[39]
(HRA), xx, pp. 303-4

No blame for
Major Nunn and the Military

27th
July 1839

"The
rejection of the Evidence of these Natives"

"July 1839 .. Amongst various
points which have engaged the attention of the Aborigines Protection Society as
necessary to ensure the safety and elevation of the uncivilized Natives of those
parts of the Globe, on which the British Colonies or Settlements are formed, the
subject of their admission to give Evidence in our Courts of Law .. It is
evident that the rejection of the Evidence of these Natives makes them virtually
outlaws in their Native Land which they have never alienated or forfeited. It
seems to be a moral impossibility that their existence can be maintained when in
the state of weakness and degradation, which their want of civilization
necessarily implies: they have to cope with some of the most cruel and atrocious
of our species, who carry on their system of oppression with almost perfect
impunity so long as the Evidence of Native Witnesses is excluded from Our
Courts. ...

(dated 9 July 1839) (HRA) ...

"No blame,
so far as they are aware, can justly be imputed to any individual on this
account"

22nd July, 1839
PAGE MISSING (P245)

" ... On the 9th of July, however, and before any thing
could be done, it was necessary to send the Police Magistrate of Merton (Mr.
Day) with as many of the Police as could be collected, in search of the
Parties who were then reported to have massacred between twenty and thirty
helpless and unoffending Blacks in the neighbourhood of the River Bogy; the
events, which followed, are sufficiently known to the Council and to the whole
Colony.

Mr. Day, after an absence of Fifty three days,
returned with eleven out of the twelve men, who had been concerned in this
atrocious deed; and of them, seven, after a protracted course of Legal
investigation, paid the forfeit of their lives upon the Scaffold.

During the whole of these proceedings, which did
not terminate until the middle of December last, the Inquiry could not be
proceeded with; for not only was it deemed inexpedient to hold it while the
Public Mind remained in a very excited state in respect to the Blacks,
but the Police Magistrate of the District, where the Investigation was to be
held, was occupied during almost the whole of the time in the pursuit, capture,
and subsequent trials of the Offenders on the River Bogy.

On the 7th of February last, an order was again
given for Major Nunn and as many of his Party as could tie collected to proceed
to Merton.

It was only however on the fourth of April that
be, accompanied by Sergeant John Lee and Corporal Patrick Hannan out of the
whole Party arrived there, and were examined by the Bench; and the attendance of
Mr. Cobban could not be procured before the seventeenth of the following month.

The whole of the Evidence then taken
has since
been laid before the Attorney General; and it is now submitted to the Council,
with the Attorney General's Report.

The further consideration of the subject was then
deferred.

Extract from Minute No. 22 of the year
1839,
dated 9th July.

Present:—As on last occasion.

The Council resumed the consideration of the
Papers submitted to them by His Excellency the Governor, relating to the
encounter between the Aborigines and the Mounted Police under command of Major
Nunn at the River Bogy in January. 1838.

The Council having attentively considered the
Depositions taken in this important Case, together with the letter of the
Attorney General in reference to the same, and having also carefully reviewed
their own proceedings in connexion with this Inquiry on the 27th of March, 6th
of April, and 22d of May, 1838, they are of opinion that no object either of
Justice or Humanity could be attained by making the transaction in question the
subject of further Judicial Inquiry.

In coming to this conclusion, the Council are
anxious to record the grounds upon which it rests, and to shew that they have
not failed to bestow the most earnest consideration upon the difficult and
trying nature of the service upon which the Military were employed, as well as
upon the acknowledged claims of the Native Tribes to the utmost degree of
forbearance and protection which can be extended to them, compatibly with the
general safety.

It docs appear that whatever compassionate
allowance may be made for the ignorance of the Savage Tribes, or for
provocations which it is possible they may on other occasions have received,
they were unquestionably the Aggressors in the present instance.

The Council are compelled to admit, that their
acts of violence, rapine, and murder, reported to this Government in December,
1837, were such as to authorise and require the employment of an Armed force to
repress them, and to secure the lives and properties of the Settlers occupying
Stations beyond the limits of Location. and having Servants necessarily
in a state of much exposure employed in charge of the same.

The first act. of bloodshed, attendant on the
employment of the Military in these transactions, arose from the attempted
escape of a Black Native who had been identified as having been a leading
accomplice in the murder of a White man, and who was shot in endeavouring to
escape from what must be regarded as Legal Custody; the Officers, by whose
directions he was arrested and under whose charge he was detained, being also
Magistrates of the Territory.

In the main encounter In the month of January,
1838, the Council find the strongest reason to deplore the numbers of the Native
Tribe, who, even according to the lowest estimate, fell under the fire of the
Police. They have most assiduously sought to arrive at an accurate view of these
transactions, derived from the Depositions of Major Nunn, Lieutenant Cobban, and
the other Parties who were examined before the Bench of Magistrates at Merton.
These statements appear to be sufficiently candid and consistent, and, from
them, the Council believe they may safely deduce the conclusion that the firing
on the part of the Soldiery commenced under a persuasion that it was necessary
in self-defence.

Having given the most attentive and impartial
consideration to the entire question under every aspect in which they conceive
it can possibly be regarded, The Council are now enabled to advise His
Excellency that there are not sufficient grounds for preferring a charge of
wilful misconduct against any of the Parties engaged against the Natives in this
lamentable casualty; and that accordingly all proceedings connected with it
should now be allowed to terminate.

The Council, however in justice to themselves and
to the Government, can not forbear annexing the following observations upon a
few collateral points.

First, they are persuaded that no imputation can
justly lie against the Executive Government of insensibility to the protection
of the Native Tribes, or of dislnclination to avenge their injuries, when it is
considered, how marked and severe an example of justice has been recently
executed upon Offenders convicted of a barbarous outrage against them. At the
same time, the Council are sensible of a duty incumbent on them to draw the
widest distinction between the case of those murderers of men, women, and
children, without personal provocation and in cold blood, and that of Officers and Men repelling an attack made
upon them, while acting under orders
In execution of their duty.

Secondly, The Council can not but advert to that
paragraph in the Letter of the Attorney General relating to these transactions,
In which surprise is apparently expressed that no Inquiry in the nature of an
Inquest was held upon the bodies of the Natives, who fell in the skirmish with
the Military, the Officers who commanded on the occasion both holding the
Commission of the Peace. Entirely as the Council approve
of the practice of holding an Inquest in every case, wherein it may be
practicable, of violent death befalling any of the Aborigines, they are unable
in the present instance to discover any mode in which such an Investigation
could have been entered into with consistency, the Officers, by whom it is
presumed the Inquest might have been held,being themselves the principals in the
transaction upon which they would have had to sit in Judgment. The Military,
having been the only persons present and therefore alone capable of being
examined as Witnesses, were all either principals or accessories; and it
appeals to be admitted by the Attorney General that any evidence, they might
thus have furnished against themselves, would have had no Legal effect, while,
as a means of self-exculpation, it is plain that their own testimony could have
availed but little.

With reference to the opinion, expressed or implied by the Attorney
General, that a different result may have ensued, if the Investigation had been,
as it ought, undertaken in January, 1838, the council can not but observe that
the transaction itself occurred only in that month beyond the borders of
Location; and that official intelligence of it was not received until the 6th
of March next ensuing. Subsequently to this, the question as to what measures
were proper to be taken was brought before the council by his Excellency the
Governor as early as a day within the same month, as the due order of the Public
business permitted; and their advice was at once given that precisely the same
steps should be taken for the attainment of Justice, if it should appear that
aggression had been committed against the Natives, as would according to Law
have been directed, upon the supposition that a similar injury had been
sustained by people of European origin. The Council therefore are of opinion
that the great distance of the scenes of operation and investigation, coupled
with the wide dispersion of the Mounted Police on duty, and the consequent
difficulty of assembling at one point those whose depositions were to be taken,
sufficiently account for the length of time which has been occupied in the
Inquiry; and that no blame, so far as they are aware, can justly be imputed to
any individual on this account.

Wm. Macpherson, Clerk of Councils, Sydney,
22nd
July, 1839"

Governor
La Trobe’s Instructions about the military and the Aborigines

11th Sept 1839.

General
Instructions to the

Superintendent
of Port Phillip

No. 39 Colonial Secretary’s Office,

No. 37 Sydney, New South Wales,

10th September 1839

His
Honor

Charles
Joseph La Trobe Esq

...
you
will carefully avoid

interference
in matters purely Military, and you will have no

control
whatever over expenses defrayed out of the Military Chest.

Military
Officers, however, holding appointments under the

Colonial
Government will be responsible to you for the

performance
of their Civil Duties, and in this Class all Officers of

the
Mounted Police are included.

17. I am directed in a particular manner to invite your attention

to
the treatment of the aborigines, and to the prevention as far as

possible
of collisions between them and the Colonists. For your

information
and guidance in this very important part of

your

your
duty, I enclose copies of the principal Government orders

now
in force respecting them, as also of the Instructions which

have
been issued to the Chief Protector of Aborigines, and the

Commissioners
of Crown Lands.

18.
In conclusion I am directed to inform you that Extracts of

the
foregoing Instructions have been communicated to the several

Departments
accompanied by the Governor’s commands that strict

attention
be paid thereto – and His Excellency suggests that, upon

your
assuming charge it will be expedient to cause the whole of the

present
communication to be read in public, for general

information
and guidance – Further instructions will be transmitted
to
you from time to time, as the exigencies of the service may require;
and I am commanded to add, His

Excellency
Sir George Gipps will at all times be happy to receive every
information and suggestion connected with your duties, or the
welfare of the District entrusted to your control, which it maybe
in your power to offer. I have the honor to
be,

Sir,
Your Honor’s Most
obedient Servant

Deas
Thomson".

Aboriginal
Native Witnesses' Bill

20 September, 1839

"6. Aboriginal
Native Witnesses' Bill; read a second time; committed, and amended; to be fairly
transcribed, and presented to the Governor by the Chief Justice and the Attorney
General."

Votes and Proceedings of the Legislative Council, No. 37

"Gipps refused to let them be executed ..."

"In the space of only two months
the Port Fairy settlers lost 3,200 sheep; there were three of their men murdered
and eight desperately wounded ... These all suffered in desperate attacks and
the arrival of news from all sides of death and disasters left a very gloomy
impression on the minds of the survivors. .. The appearance of a smart body of
the new police in each district greatly mended matters; but when they proceeded
to take into custody the malefactors, when these prisoners were tried, and
condemned to death for murder, the question arose as to what was to be done with
them. The first notable case occurred in 1840, when Tallboy and Neville's Billy
were convicted of the murder of white men under barbarous circumstances. Gipps
refused to let them be executed until he had heard from the Colonial Office, and
indeed he recommended that their lives be spared; Lord John Russell ordered that
they be kept in detention, and carefully instructed, and that as soon as their
education should be sufficiently advanced they should be liberated.

(Russell's
despatch, House of Commons Papers, 1840)"

Act
4: Aboriginals competent witnesses, disallowed

The Public General Statutes of New South Wales from 1 Victoriae to 10
Victoriae, inclusive (1836-1846) (Sydney, Thomas Richards, Government
Printer, 1861) "An Act to allow the Aboriginal Natives of New South
Wales to be received as competent Witnesses in Criminal Cases. [8th October. 1839}"

An
Act to allow the Aboriginal Natives of New South Wales to be received as
competent Witnesses in Criminal Cases

8th
October, 1839

Preamble. Aborigines or half caste
natives to make affirmation or declaration of an oath in all criminal
proceedings. Evidence so given to have such weight only as corroborating
circumstances may entitle it to. Aboriginal natives making false affirmation or
declaration, subject to like pains and penalties as for wilful and corrupt
perjury. This Act not to take effect until the same shall have received the
Royal assent.

Whereas it is found expedient and
necessary for the purposes of Justice and the more effectual prosecution of
crimes and misdemeanours that the evidence of the Aboriginal Natives of the
Colony of New South Wales should be receivable in all Courts of Criminal
Jurisdiction. And whereas they have not at present any distinct idea of religion
or fixed belief in a future state of rewards and punishments and therefore
cannot be admitted as competent witnesses in any Court of Law without the
authority of the Legislature of the said Colony. Be it enacted by the Governor
of said Colony with the advice of the Legislative Council thereof That every
Aboriginal Native or anyHalf-caste
Native brought up and abiding with any Tribe of Aboriginal Natives of the said
Colony shall be permitted to make an affirmation or declaration to tell to tell
the truth the whole truth and nothing but the truth in such other form as may be
approved of by the Court instead of taking an oath in any criminal proceedings
that shall be instituted in said Colony and that the evidence so given shall be
of so much weight only as corroborating circumstances may entitle it to and if
any such Aboriginal Native making such affirmation or declaration shall be
lawfully convicted wilfully falsely and corruptly to have affirmed or declared
any matter or thing which if the same had been on oath in the usual form would
have amounted to wilful or corrupt perjury he or she shall incur the same
penalties and forfeitures as by the laws and statutes of England are enacted
against persons convicted of wilful and corrupt perjury any law statute or
custom to the contrary notwithstanding.

II. And be it enacted That this Act
shall not commence or take effect until the same shall have received the Royal
approbation and the notification of such approbation shall have been made by His
Excellency the Governor for the time being in the New South Wales Government Gazette. George Gipps, Governor"

Sir
George Gipps to Lord John Russell "... Beyond the Boundaries, the Country
is also roughly divided into Districts, in each of which there is a Commissioner
of Crown Lands, who is the Chief Magistrate of it, and has under his command a
small force of Mounted Constables ... the Border Police ... the rapidity, with
which Stations are pushed into the interior, is very great; and they are
frequently formed without the permission or even the knowledge of the
Commissioner ... The persons, who form these Stations, are the real discoverers
of the Country, and they may be said to be in Australia (what the Backwoodsmen
are in America) the Pioneers of Civilization. Wherever the find good pasturage,
they fix themselves, and do not become known, even to the Commissioner, until
some accidental occurrence (perhaps an unfortunate collision with the
Aborigines) bring them under his notice, and ultimately that of the Government
... The exposure to the hostility of the Aborigines is one of the greatest
drawbacks to the advantages, which the Australian Settler enjoys ... but of
these or the dreadful consequences which follow from it, it is not now my
purpose to speak ... the Clarence River was only discovered about two years ago
by persons engaged in the cutting of Cedar ... I have now a surveying party
there; and a Commissioner of Crown Lands, with his party of Border Police
..."
HRA pages 837-840

[51]
Whitworth. Mr R.P.; The Treatment of the Aboriginals-1838 to 1847in Victoria
and Its Metropolis (Melbourne, 1888) Pages 246-247

Captain Grey's
Report on the Aborigines

8th October, 1840. Lord John
Russell to Sir George Gipps.

"Sir, I transmit to you, herewith,
a Copy of a Report which I have received from Captain Grey, late Commander of an
Expedition into the Interior of Australia, containing some valuable suggestions
with regard to the treatment of the Aborigines. Captain Grey's suggestions
appear to be founded principally on his observations of the Natives of Western
Australia; but they appear to me fit for adoption generally within your
Government .. (page 38) "

"The whole
Machinery required to bring this plan into operation now exists in the different
Australian Colonies ..."

[Enclosure] Captain Grey to Lord John
Russell

"My Lord, I have the honour to
submit to Your Lordship a report upon the best means of promoting the
civilization of the Aboriginal inhabitants of Australia, which report is founded
upon a careful study of the language, prejudices and traditional customs of this
people ... as so small a portion of Australia is yet occupied, and the important
task of so conducting the occupation of the New Districts, as to benefit the
Aborigines to the best possible degree ... the whole Machinery required to bring
this plan into operation now exists in the different Australian Colonies
..."

HRA 7 Oct 1840 page 33

"Report
upon the best means of promoting the civilization of the Aboriginal Inhabitants
of Australia"

[Sub-enclosure]

"1. The Aborigines of Australia having
hitherto resisted all efforts which have been made for their civilization ... if
they are capable of being civilized, it can be shewn that all the systems ...
contained some common error ... This principle was that ... be made amenable to
British laws ..."

Act 5: "it
shall not be lawful for any aboriginal native, or half-caste ... to have ... any
kind of fire arms ..." [Disallowed

]

s 4 Victoria, No 8. An Act to prohibit
the Aboriginal Natives of New South Wales from having Fire Arms or Ammunition in
their possession, without the permission of a Magistrate. [11th
August, 1840]

Preamble.

No Aboriginal native or half-caste,
usually abiding with such natives, to have or keep any description of firearms,
or ammunition, without permission of a Justice. Any constable or free person may
obtain or take from any such native or half-caste, any fire arms or ammunition,
which he may have; provided no unnecessary violence be used. Penalty on persons
giving or lending fire arms to any aboriginal native or half-caste usually
abiding with such natives. Recovery and appropriation of fines. 5 William IV No.
22. Act not to extend to New Zealand.

Whereas in some parts of the Colony of
New South Wales, the aboriginal natives have obtained possession of fire arms,
and it is considered dangerous to the public security to allow the said
aboriginal natives to have, keep or use, any description of fire arms , except
or ammunition, except as hereinafter excepted: Be it therefore enacted by His
Excellency the Governor of New South Wales, with the advice of the Legislative
Council thereof, That from and after the passing of this Act, it shall not be
lawful for any aboriginal native, or half-caste, usually abiding with such
natives, to have, or keep, any kind of fire arms, or ammunition, unless with the
written permission of any Justice of the Peace, resident in the district which
any such native or half-caste shall usually frequent.

II. And be it enacted, That it shall
and may be lawful for any constable within the said Colony, or any free person
whatsoever, to obtain or take from any such aboriginal native or half-caste not
holding such permission as aforesaid, every kind of firearms or ammunition which
any such person may have, and lodge the same with the Police Magistrate of the
district in which such fire arms or ammunition shall be obtained or taken:
Provided that no personal violence be used towards any such aboriginal native or
half-caste, further than may be absolutely necessary for obtaining or taking
such fire arms or ammunition as aforesaid.

III. That it shall not be lawful for
any person to give or lend to any aboriginal native, or any half-caste usually
abiding with such natives, not holding permission as aforesaid, any gun, musket,
pistol, or any kind of fire arms or ammunition whatsoever; and if any person
whosoever shall give or lend to any aboriginal native or half-caste, not holding
such permission as aforesaid, any gun, musket, pistol, or any kind of fire arms
or ammunition whatsoever, he or she shall, for every such offence, forfeit and
pay a penalty of not less than ten pounds, nor more than twenty-five pounds, to
be recovered before any one or more Justice or Justices of the Peace for the
said Colony.

IV. And be it enacted, That all fines
to be recovered under this Act of the Governor and the Legislative Council of
the said Colony, passed in the fifth year of the reign of His late Majesty King
William the Fourth, intiuled An Act to
regulate summary proceedings before Justices of the Peace, and shall be paid
to the use of Her Majesty, Her Heirs and Successors, for the public uses of the
said Colony, and in support of the Government thereof.

V. And it be enacted, That nothing in
this Act contained, shall extend, or be construed to extend, to that part of the
Territory of New South Wales, called New Zealand.

George Gipps, Governor.

Disallowed by Lord John Russell's
Despatch, dated 11 August, 1840.""

Aborigines
— Parliamentary Index

Extract
from Despatch of Secretary of State respecting.. P. 752; Act of Council
prohibiting them from having Fire Arms ... P. 837; Ditto, enabling them to be
received as Witnesses in Criminal cases, disallowed.... P. 1379

The land boom

"It
would seem that in 1840, when the (land) boom was still well maintained, the
effect of the imperial measure of 1839 was to give the colonial government an
increase in land revenue ... it was the colonial demand for land ... that
brought in the extra revenue. The range of prices realised shows this. The
average price per acre paid for more than a milhon. acres of Crown (country)
land sold in the three and a half years ended 30 June 1840, was 9s. 10d., but as
the boom approached its climax ... the average price paid rose almost to
12s."

"In
1840 Gipps was required by Downing Street to forward a comprehensive annual
report on the entire Aboriginal problem, and he continued to send them for the
duration of his administration. These reports furnish vital information. They
include reports from the mission stations, the Port Phillip Protectorate, and
some eighteen land commissioners. By 1841 Stanley considered the protectorate a
failure and doubted the value of mission stations. His authority to Gipps to
discontinue grants to these missions was implemented in 1843."

"There
seemed to be at that time some likelihood of the frequent appearance of natives
before the courts in Melbourne and the Government, in order to see that justice
was done to them, appointed a standing counsel to defend them. Mr. Redmond
Berry, then one of the two leading barristers was chosen for that purpose, and
his kindness of heart, joined to a genuine zeal on behalf of these children of
the forest, made him an excellent advocate of their cause. ..."

[Source: Whitworth. Mr R.P.; The Treatment of the Aboriginals-1838 to 1847in Victoria
and Its Metropolis (Melbourne, 1888) Pages 246-247]

4 Victoria No. 2 [1840]
.

"For enabling the principal
Officers of Her Majesty's Ordinance to hold estates and property in the Colony
of New South Wales for military purposes and for granting certain other powers
to the said principal Officers and respective Officers resident in the said
Colony, HRA?
Page 1015."

With my Despatch of the 7th May last, No. 61, I had the honor to forward to
Your Lordship a number of documents illustrative of the nature of the
intercourse, which exists in this Colony between the European Settlers and the
Aboriginal Inhabitants, an intercourse which is unhappily marked by acts of
violence on both sides.

I have now the honor to forward further documents of the same nature,
selected in like manner as before out of an immense mass of Papers, the
correspondence on matters connected with the Aborigines having, since the
appointment, of the Protectors, increased to such a degree as to form, 1 lament
to say, of itself no inconsiderable evil.

Your Lordship will I am sure be sorry to learn that aggressions by the
Natives on the flocks and herds of the Settlers, as well as the acts of reprisal
to which they give birth, have during the last few months in the Port Phillip
District increased rather than decreased in number.

The documents in the Appendix, marked A 1, A 2, consist of Reports addressed
to Mr. La Trobe by the two Crown Commissioners of the Port Phillip Districts.
The atrocities mentioned in these Reports mostly appear to have been committed
at Stations very recently formed or occupied; and I would beg to refer Your
Lordship to Mr. La Trobe's observations on this head, contained in his letter of
the 7th Octt,, 1840 (Appendix B) accompanying the Reports.

Mr. La Trobe at the same time forwarded thirteen other documents relating to
different aggressions, which it would be tedious to copy.

My reply to Mr. La Trobe's letter is enclosed, being marked C. The Papers
next in the collection relate to a mission on which I recently employed Major
Lettsom of the 80th Regt., and of which the origin was as follows:—

Towards the end of the month of May last, an attack was made by the Blacks on
a Station belonging to Dr. Mackay on the Ovens River (156 miles from Melbourne
on the road to Sydney), which, from the accounts I received of it, appeared to
me rather to have been a preconcerted measure of revenge or retaliation than an
ordinary act of rapine committed for mere wantonness or under the pressure of
hunger. The Natives came suddenly on the Station, and as suddenly disappeared. They had fire arms,
and used them with considerable dexterity; and another remarkable circumstance
was that the attack seemed to have been purposely made at a time, when the
Proprietor (Dr. Mackay) was absent.

Not many weeks after the information of this attack reached me, a gentleman,
who has recently settled in that part of the country and who is a young; man of
highly respectable family and connexions in England, waited upon me, and put
into my hands a Paper headed "The Blacks," of which I enclose a
copy (Appendix [)). All these circumstances combined induced me to think it
necessary to send some person, in whom I could implicitly confide, to
the-District, where such irregularities or atrocities rather were said to
prevail; and 1 accordingly selected Major Lettsom of the 80th Regt., a person
connected with the Colony in no other way than as serving in it with his
Regiment.

The Instructions, which I gave to Major Lettsom, are contained in the
enclosure marked E; and his reports to me are marked F and G.

Your Lordship will be gratified in observing that Major Lettsom considers the
account given in the Paper, marked ''The Blacks," to be a very highly
colored, not to say exaggerated one, and that his reports are generally
favorable to the Settlers. Major Lettsom fell in with but very few Blacks, until
he got to Melbourne. Near that Town however, a Tribe of Blacks, belonging to the
country through which he had passed (and called the Goulburn Blacks), happened
to be assembled for the purpose of forming a junction with another tribe, before
proceeding to make war upon a third; and it appearing that a considerable
number of these Goulburn Blacks could be identified as the perpetrators of many
outrages. Major Lettsom, with the full concurrence and indeed acting- under the
direction of Mr. La Trobe. put himself at the head of all the force that could
be collected, and, by surprising them in their encampment, captured the whole of
the two tribes; the greater part of them were set at liberty the following day,
but about thirty were detained in custody until discharged by order of the
Attorney General.

Your Lordship will perceive that two Blacks lost their lives on these
occasions, one was killed whilst aiming a murderous blow at, Lieutt. Vignollos
of the 80th Kept., the other was shot as he was attempting to escape out
of Prison.

Although Major Lettsom, in taking upon himself the Military command of the
Party by which the Blacks were arrested, departed in sonic degree from the
Instructions which I had given to him, I do not
consider that he exceeded the discretionary powers, with which any person
acting in such circumstances ought to consider himself invested; and, as
moreover he acted with the full concurrence and indeed under the orders of Mr.
La Trobe (see enclosure II), I have signified to him my approval of his conduct.

The whole of the
circumstances connected with the arrest of these persons, as well as the
proceedings at the Inquests holden (in the bodies of the two men who were
killed, have been before the Attorney General; and I have delayed for a
considerable time the transmission of this Despatch, in the expectation that
some proceeding's would have been instituted in consequence by that Officer, I have however been within the last few days informed by him that he does not
consider there is any case to bring before a Court of Justice.

Major Lettsom
complained to Mr. La Trobe of being obstructed in the execution of the duty with
which he was charged, or at any rate of not being aided in it, by Mr. Assistant
Protector Thomas; and Mr. Thomas, in a letter to the Chief Protector, of which I
enclose a Copy (marked I) remonstrated against the proceedings of Major Lettsom.

Your Lordship will I am
sure observe with regret that all the occurrences, alluded to in this Despatch,
have taken place in those Districts of the Colony, for which Protectors of
Aborigines were especially appointed by Her Majesty's Government, namely in the
neighbourhood of Port Phillip, the older parts of the Colony having been, I
rejoice to say, during the last six months but little disturbed with any
outrages between Blacks and Whites.

By many of the
Settlers, it is said that the presence of the Protectors is the occasion of
outrage, inasmuch as their appointment has tended to embolden the Blacks, and
to render the Stockmen or Servants of the Settlers less resolute than they used
to be in defence of their Masters' property. I am myself far more disposed to
attribute the increased frequency of collisions of this nature to the cause
which I have already alluded to, namely, the rapidity with which people have
been led from the superiority of its pasturage to form new Stations in the Port
Phillip District, and by which a tract of country has been rapidly occupied by
Europeans, which was until very recently the undisputed heritage of the Savage;
at the same time however, I feel it my duty to declare that my hopes of any
advantage being derived from the employment of the Protectors are every day
diminishing.

The Chief Protector,
whatever may be his other merits (and on the more confined theatre on which he
acted in Van Diemen's Land I believe they
were considerable), is afflicted with such a love of writing that much of his
time must be spent in that way, which would be much better devoted to
active employment; and his assistants are I believe even more inactive than he
is; they are all encumbered, as I have before had occasion to observe, with
large families, and seem to have come to Australia with the expectation of
establishing Missionary Stations, rather than of itinerating with and amongst
the tribes. One of them has already resigned, as reported in My Despatch of the
7th May last; another never quitted for more than a year the spot on which he
first seated himself, called the Salt Water River, though there were no Blacks
there; and the Chief Protector has himself, in a letter to Mr. La Trobe of the
22nd Septt., 1840, described it " as the worst that could possibly have
been selected, being quite out of the way of communication with the Chief Tribes
of the District, and thickly surrounded with Settlers."

Mr. La Trobe has
complained nearly in terms as strong of the difficulty of getting another
to move from Geelong.

In my Despatch of the
7th May last, I reported to Tour Lordship that I had sanctioned the formation of
a homestead or fixed station for each Assistant Protector with a sufficiency of
land attached to it to keep Settlers at a distance.

The formation of these
Stations will doubtless tend to give a still more Missionary character to the
duties of the Protectors. Each homestead will in fact become the seat of an
establishment, nearly similar to that of Wellington Valley; though, being more
under the superintendence of the Executive Government, it is to be hoped that
the causes, which have rendered the Mission at Wellington of little use, may be
obviated.

The principal advantage
of such Missions or Stations is that they may, under proper management, be
made places of refuge to the Natives and of Education for their
Children; the Education Of children being perhaps the only measure, on which a
reasonable hope can now be founded for effecting any improvement in the
Aborigines of New South Wales.

It is evident, however,
that Protectors, whose duties are confined to Missions of this sort, can
exercise no influence whatever in checking the atrocities which are committed,
whenever land is occupied for the first time by the flocks or herds of our
Settlers. Young men, unencumbered with families, are best suited for these
purposes; and accordingly I have universally selected such to be our
Commissioners of Crown Lands. . I have, &c.,

Geo. Gipps.
[Enclosures.]

[These papers will he
found in a volume in series ///.]

[Gipps to Russell, 3d
February., 1841. HRA]

“The
dreadful consequences”:

7th April, 1841

.

Gipps to Russell

“…Beyond the Boundaries, the Country is also roughly divided into
Districts, in each of which there is a Commissioner of Crown Lands, who is the
Chief Magistrate of it, and has under his command a small force of Mounted
Constables, who in order that they may be distinguished from the more regular
Mounted Police of the Colony, are called by the name of the Border Police.

Within
the Limits of Location, land is either sold or let on lease; beyond the Limits
it is neither sold nor let, hut Licences are granted, at the discretion of the
Crown Commissioner, for the occupation of such portions of land as may ho
desired by Proprietors of Stock, on each of which Licences a fee of £10 is
payable annually, and an assessment under a Local Ordinance (2nd Vict., No. 27)
is levied on the Stock depastured there.

Each
allotment of land, for which a Licence is thus given, is called a Station; and
the Stations may vary in extent from 5,000 to 30,000 acres.

The
quantity of Stock, on which assessment was paid for the half year ending the
31st Deer., 1839, was 7,088 Horses; 371,699 Horned Cattle; 1,334,593 Sheep; and
the number of Licensed Stations was 694. The real quantity of Stock however in
all probability exceeded the quantity returned.

The
rapidity, with which Stations are pushed into the interior, is very great; and
they are frequently formed without the per­mission or even the knowledge of the
Commissioner.

Towards
the North, Stations already extend to the Country behind Moreton Bay, 300 miles
beyond the Limits of Location; To the South and West, they extend beyond Port
Phillip to the boundaries of South Australia.

The
persons, who form these Stations, are the real discoverers of the Country, and
they may be said to be in Australia (what the Backwoodsmen are in America) the
Pioneers of Civilization. Where ever they find good pasturage, they fix
themselves, and do not become known, even to the Commissioner, until some acci­dental
occurrence (perhaps an unfortunate collision with the Aborigines) bring them
under his notice, and ultimately under that of the Government.

The
exposure to the hostility of the Aborigines is one of the greatest drawbacks to
the advantages, which the Australian Settler enjoys in the facility of forming
such Stations; but, of these or the dreadful consequences which follow from it,
it is not now my purpose to speak.…

Rapid settlement,
illegal until 1837 because the region was 'beyond the boundaries' proclaimed by
Governor Darling in 1829, brought problems, and in 1841 squatters on the
Lower Murrumbidgee petitioned the Governor to provide a police magistrate and
three or lour constables to keep law and order. In their petition they pointed
out that the district was 'the great thoroughfare to South Australia,
Portland Bay and Port Phillip', along which thousands of sheep and cattle
travelled, 'driven in many instances by some of the worst of characters, in the capacity of shepherds, stock keepers, and bullock drivers'. Moreover, 'these
persons, from the facility afforded by the numerous public houses lately
established on the road', were frequently intoxicated, so the highway presented
'the most appalling scenes of infamy and disorder, even on the Sabbath day!

On 27 March 1841
Governor Gipps replied that he could not accede to the petition, but undertook
to direct that the Border Police under the Commissioner for Crown Lands in the
Murrumbidgee District 'be kept in as efficient a state as possible'.

Legislation in 1841
provided for the establishment of benches of magistrates beyond the boundaries,
so on 22 February 1847 sixteen licensed pastoralisls of the Murrumbidgee and
Lachlan Pastoral Districts presented a petition on similar lines to that of
1841. They pointed out that their stations were on 'the great lines of
thoroughfare leading to Melbourne and Adelaide' ...

As the stations of
these pastoralists were one to two hundred miles from the courts
of petty sessions at 'the Tumut and Binnilong', they requested that a court be
established more conveniently, 'begging leave however respectfully to suggest
that a station called Wagga Wagga 70 miles lower down the river than the Tumut
court' would in their opinion 'be peculiarly eligible'. These men proved how
anxious they were for this court to be established by promising to contribute,
'should it be deemed necessary by the Government, the funds necessary for the
erection of suitable buildings;

This request was
almost immediately acceded to. On 30 April 1847 Wagga Wagga was announced in
the New South Wales Government Gazelle as a place for holding petty
sessions with Mr Frederick Walker as clerk and Mr Michael Norton as chief
constable. Early in May the Governor voted £410 for the year for establishing
the court, and notified the bench of magistrates that it would afford him 'great
pleasure to hear that your Bench and the establishment allotted to it have been
brought fairly into operation;

Michael Norton,
probably with the help of some magistrates, chose the site ... building was begun almost immediately and on 10 August 1847 the Bench
... sat for the
first time.

The writer of an
article 'Wagga Wagga Its Past and Present' in the Wagga Wagga Advertiser of
7 August 1875 said that the court room was 'a very primitive temple of justice,
constructed of props and saplings, walled in and covered with bark. The browns;
continued the writer, 'were slightly astonished by I his imposing evidence of
the march of civilisation, and looked on ... in silent awe, if not admiration,
at the tableau, especially at the very grave and reverend signors who composed the bench, and . . delivered themselves of judicial truisms' with oracular
solemnity.

So a court was
established and, indeed, a village, because it is extremely doubtful if any
oilier buildings preceded those of the police establishment ...

[Source: Law
On the Frontier;The First Ten
Years of
the Wagga Wagga Bench, 1844-57; A Paper Read to the
Society by the President, K. J. Swan, on 19 May 1969, in the Journal
of the Wagga Wagga and District Historical
Society, More Men - and Women of Wagga
Wagga, Number 2 (1969) (pp. 20-21)]

I have the honor
herewith to forward a Memorial which has been addressed to Your Lordship by Mr.
David L. Waugh in consequence of my having declined to grant him out of the
Revenue of this Colony compensation for a loss which he sustained by an attack
on his Sheep Station from the Aborigines.

Your Lordship is aware
that, although persons are permitted by this Government to go beyond the settled
District of the Colony in search of pasturage for their increasing Hocks and
herds, it always has been held that they do so at their own risk; and the
present is I believe the first direct application for pecuniary compensation,
which has been made by any settler for losses occasioned by an attack from the
Natives.

It is quite true that,
within the last few years, the occupation of lands beyond the boundaries has
been licenced on the payment by each occupier of an annual fee of £10; and also
that a small assessment * (* Note: See 2nd.
Vict. No. 27, transmitted by Despatch No. 65., of the 6th April, 1839)
is levied on all Stock depastured beyond the Boundaries of Location for the
purpose of defraying: the expence of a Border Police; but it never has
yet been pretended that the Government, by taking these fees or rates, makes
itself liable for all losses sustained by the aggressions of the Natives; and,
as very serious consequences would result from the admission of such a doctrine,
I have felt it my duty strenuously to oppose the introduction of it.

Though Mr. Waugh's
Memorial is dated the 11th Feby., it reached me only in a fit state for
transmission to Your Lordship on the 5th ulto. I have, &c.,

Geo. Gipps.
[Enclosure.]

[A copy of the petition
of David Lindsay Waugh will he found in a volume in series III.]

Recurring to the
subject of Special Surveys on which I have recently had frequent occasion to
address Your Lordship, I enclose herewith a Copy of a letter from the
Superintendent of the District of Port Phillip, enquiring whether land set apart
for the use of the Aborigines can be demanded by the Holder of an Order for a
Special Survey, also a Copy of my answer to the same, declaring that no land set
apart in any way for the use of the Aborigines shall be included in a Special
Survey, until orders to the contrary from Your Lordship may be received.

I trust Your Lordship
will approve of the decision which I have come to in this matter. I have, &c,

Geo. Gipps.
[Enclosures.]

[Copies of these
letters, dated 4th and 19th May, 18\41, will be found in a volume in series
III.]

[Sir George Gipps to
Lord John Russell. 6th June, 1841, HRA]

"Collisions between the men in charge of such Establishments and
the Aborigines of the Country"

In
the unsettled parts of the Colony, or in the Districts beyond what are called
the Boundaries of Location, these Stipendiary Magistrates are called Crown
Commissioners, or more properly Commissioners of Crown Lands, and their chief
duties are to exercise a control over the very numerous grazing establishments,
which have been formed in these Districts under Licences from the Government,
and to prevent collisions between the men in charge of such Establishments and
the Aborigines of the Country. These Commissioners also collect the fees payable
on the Government Licences, as well as a small assessment on Cattle and Sheep.
authorized by an Act of the Colonial Legislature, 2nd
Vict., No. 27.

The uncivilized
Natives, and their admission to give Evidence in Courts of Law.

"Amongst
various points which have engaged the attention of the Aborigines Protection
Society as necessary to ensure the safety and elevation of the uncivilized
Natives of those parts of the Globe, on which the British Colonies or
Settlements are formed, the subject of their admission to give Evidence in our
Courts of Law ... "

...
appointed a judge of the Supreme Court of New South Wales ... in 1838 ... the
town of Melbourne (was) 'kept in a state of continued excitement by the
proceedings of Mr Justice Willis and the extraordinary nature of the harangues
he is in the habit of delivering from the Bench' ... By this time Willis had
incurred the enmity of powerful interests in Melbourne ... Gipps removed Willis
from office ...in 1843 ... the Port Phillip Patriot demanded that Judge Willis
should not be 'sacrificed to gratify the despicable clique from whose tyranny
His Honour has rescued the community' ... 'We like him the better that he has
never administered one kind of justice to the rich and another kind to the
poor.'"

"As
a rule the blacks were discharged, on the grounds that they did not understand
the nature of the pleadings. Of thirteen who were arraigned for murder during
the years 1841 and 1842 ten were so discharged , and three were executed ... Mr
Barry defended them with skill and patience but the two prime actors were
sentenced to death ..."

[Source:Whitworth. Mr R.P.; The Treatment of the Aboriginals-1838 to 1847in Victoria
and Its Metropolis (Melbourne, 1888) Pages 246-247]

"The
colonies and their capitalist backers"

"The
imperial authorities ... were given much more worry by the New South Wales
community, which was engaged in forcing the Crown to extend settlement.
Certainly the introduction of private capital brought about a considerable
increase of colonial revenue by sending up customs collections and land sale
receipts. But the Colonies demanded appropriation of most of this for their own
purposes ... the Crown had to find funds to meet the increase of administrative
costs consequent upon the establishment of new centres of settlement hundreds of
miles distant from Sydney ... Whitehall and its representatives took a view of
the squatting dispersion which was quite different from that of the merchants
and landowners who made up the Legislative Council in Sydney. Probably the
determination of the imperial authorities to make the colonies and their
capitalist backers pay for their own experiments can be made to explain much of
Whitehall's vacillating colonial land policy in the four years 1839-42."

"In
reference to this subject (note, Crown lands
alienation, see Robinson's Report, below at January 1st 1845) I beg to
subjoin the following from a Colonial Paper. -

Criminal
Sittings, Supreme Court,

'Crown
prosecutor - Yes Your Honor but what right have they to turn a Black off their
run?

Judge
Willis - They have a right to turn either Black or White off - I will go further
and say if the Government take upon themselves to be the decisors of the Soil,
the Tenant has a Warrant under the decisor to occupy the land " (page 160
missing ...?) "happens that newcomers will turn them away, the residence
therefore of a Tribe depends upon the will of the Proprietor, or perhaps the
caprice of some querulous stockman or overseer ... there is a warrant from the
decision to occupy the soil and they can turn the black or white off their runs,
should the Aboriginal resist, the result is fatal.

The
Natives here complain of these infractions and of what to them appeared uncalled
for, unreasonable and oppressive treatment - I do not say but some settlers have
had cause of complaint against the natives, there are good and bad in all
communities ..."

"Aboriginal people live in their own self-governing communities
with their own laws and means of administering justice"

...
In the matter of R v Bonjon [1841] another case of an Aboriginal man charged
with the murder of another Aboriginal man, the defence argued that Aboriginal
people live in their own self-governing communities with their own laws and
means of administering justice. The defence argued that New South Wales was
occupied by the British, not conquered or ceded, and therefore had no
jurisdiction over Aboriginal people.They
argued that until a treaty or other form of consent was given by Aboriginal
people the Crown had no jurisdiction over them or the internal affairs of their
communities ... In determining this matter Justice Willis found that the Supreme
Court of New South Wales has no jurisdiction over crimes committed by Aboriginal
people against each other. Justice Willis stated that 'I am at present strongly
lead to infer that the Aborigines must be considered and dealt with, until some
further provision be made, as distinct though dependant tribes governed among
themselves by their own rudelaws and customs.' However Justice Willis reserved the right to alter
his conclusions on these issues."

[Source:
The case of R v Bonjon [1841], in Strengthening
Community Justice, Some issues in the recognition of Aboriginal Customary
Law in New South Wales. (Aboriginal Justice Advisory Council) Page 5]

1842

An Act for the Government of New South Wales and Van Diemen's Land
1842

Significance
This document is an assent original of the Act which is the 'germ' of Australia's parliamentary system. It created Australia's first semi-representative legislature, and while it did not grant full responsible government, it was an acknowledgment on the part of the British authorities of the maturity of colonial society.
History
A Legislative Council had been established by the New South Wales Act 1823, but it consisted of nominated members only. This form of government only briefly satisfied the demands of the Colony as it emerged from its penal origins. The 1842 Act established a Legislative Council consisting of 36 members, 12 of whom were appointed by the Queen (on the advice of Her Ministers) and the rest elected by the voters in New South Wales. Eligibility to vote was based upon ownership or occupation of property set at a high value.

The Act did not establish 'responsible government' as the Governor still had overriding authority and Ministers of State were not Members of Parliament.

[Source: Waugh, John The Rules: An Introduction to the Australian Constitutions, Melbourne University Press, 1996.]

An Act Appointing and
empowering commissioners to examine and report upon to grants of land under the
Great Seal of the Colony of New South Wales

[16 August,
1842.]

6 Victoria, No.
11. An Act to amend schedule C of an Act, intituled An Act for appointing and
empowering commissioners to examine and report upon claims to grants of land,
under the great seal of the Colony of New South Wales."

Whereas a certain Act
was passed by His Excellency the Governor of New South Wales, with the advice of
the Legislative Council thereof, in the fifth the reign of his late Majesty King
William the Fourth, intituled, An Act Appointing and
empowering commissioners to examine and report upon to grants of land under the
Great Seal of the Colony of New South Wales; Whereas it is expedient to
amend schedule C of the said Act, insomuch as to the fee to be received by
the secretary to the commissioners, for every final report, to be paid by the party or
parties in whose favour the report is made: it is therefore enacted, by His
Excellency the Governor of New South Wales, with the advice of the Legislative
Council thereof, That from and after the passing Act, so much of the said Act as
relates to the said fee in the schedule to Act annexed, marked C, shall be, and
the same is hereby repealed. And be it enacted, That from and after the
passing of this Act, the fee ... for every final report, to be the party or parties in whose favour such report
is made, shall be four pounds three shillings.

GEORGE GIPPS, Governor.

First Land Sales - Brisbane
1842

Sydney
Gazette July 1842

Governor
Gipps declared the district of Moreton Bay was no longer to be considered a
penal settlement in February 1842. The First sale of building allotments in
Brisbane took place in Sydney in July of that year. The Sydney Gazette reported:

'On Thursday last, the long expected sale of building allotments, at Brisbane
Town, came off: The sale was numerously attended, and the biddings spirited -
the allotments, with a few exceptions consisted of thirty six perches each, and
the prices given, far exceeded our most sanguine expectations. The eight
allotments put up in Queen Street, realised collectively the large sum of £1,340;
the largest sum given for any one allotment, being £250. The portion on the
south side of the river did not go off so well but considering the inferiority
of the situation, the biddings were high. We cannot help pausing here to remark
that the government surveyors might, surely, for the first sale of a township,
in a locality totally unknown to a majority of the purchasers, have laid out the
few streets, necessary for a suburb, on a piece of land really and truly adapted
to the purpose for which it is sold to the public; we are led to make these
remarks from the fact that a number of these allotments on the south side of the
river, are situated in a swamp which is overflowed daily, at high water. It is
true that the Colonial treasurer does not undertake to give a minute description
of the Crown Lands put up for sale, but when a portion of land in a new country
is selected by the paid officers of the crown and brought before the public as
building allotments it ought to be tacitly understood, that the successful
bidder will find his purchase in every way fit for the purpose for which it is
sold to him.

The
large prices given for allotments is a strong proof of the interest with which
the public looks forward to this fine settlement, and many persons no doubt left
the sale room happy in the idea, that they had secured a future home for
themselves and family. We sincerely regret that anything should have occurred to
check the hopes of the purchasers of the allotments referred to.

It
may therefore be considered as settled that coasters will continue to take in
and discharged their cargoes at Brisbane Town, and that goods for the interior
must be for sometime conveyed to Limestone, in punts small lighters or by land
carriage as heretofore.

We
further learn from a correspondent, that the parties who went in search of an
overland route, to the Wide Bay River had been successful and that the nature of
the country had fully realised the expectations held forth by the former
exploring party.

[Source:
Sydney Gazette July 1842

Sale
of crown land

"The colonists had
followed the path of
political reform in England very closely and were keen for
similar political reform in the Colony. They wanted to be able to elect their
own representatives to the Legislative Council. Aster a great deal of lobbying,
the British Parliament passed an Act in 1842 which allowed for 36 members of the
Council; 12 were to be appointed by the Governor and 24 were to be elected by
men who qualified by owning sufficient property. This was the first
representative legislature in Australia. The governors still had more power than
the Council, because, is the Council passed a law with which they disagreed,
they could dissolve the Council and refer the bill to the British Parliament.
Governors were financially independent because they controlled the money raised
from
the sale of Crown land."

"In
New South Wales an official Legislative Council was established in 1823 ... In
1842 the Council was made two-thirdselective,
with a property franchise; the squatters gained the bulk of the
representation."

“Sir
James Stephen held this very great influence at the Colonial Office over the
years when the White Australia Policy was taking shape, and was Permanent
Under-Secretary in the years (1836-47) in which the White Australia Policy was
given its first documentaryauthority
....Permanent Under-Secretary Stephen wrote a minute claiming he saw the hand of
Providence in the occupation and colonisation of Australia by Britain, and laid
it down that such a source of greatness must be reserved for Britain and the
British ... ‘To his mind the people of Britain were the real owners of
unoccupied lands in the colonies, and this land should therefore be used in
their interest’ ... ‘The missionary societies had access to the Colonial
Office. Sir James Stephen was a member of the committee of the Church Missionary
Society’ ...he ‘appears as the
main bridge between the rulers of the British Empire and the Evangelicals and
missionary societies’ ... ‘Stephen’s ... insistence that Australian lands
and opportunities should be reserved for British settlement were perhaps his
pretension to impotence when his duty was to prevent extermination of the
surviving Aboriginal occupiers of lands suitable for cultivation and grazing
.... Stephen, in referring to the annihilation of the Aborigines, wrote: ‘The
causes and consequences of this state of things are alike clear and
irremediable, nor do I suppose that it is possible to discover any method by
which the impending catastrophe, namely, the elimination of the black race, can
be averted” ...

[Source:
Lockwood,
R: British Imperial Influences on the Foundation of the White Australia
Policy in Labour History Bulletin
of the Society for the Study of Labour History, Number Seven, November,1964
(Australia) Page 25 onwards

A
promising attempt to utilise the aborigines

"By
far the most promising attempt to utilise them (aborigines) was the formation of
a corps of native police. In 1836 that experiment had first been made; the
blacks had been enrolled and found to be of some little use, but the protectors
were opposed to the attempt, and on their arrival the corps was disbanded. In
1842, however ... a second attempt (was) more effectual. Twenty five of the
Westernport natives were enrolled, and a camp formed near Melbourne ... they
soon made a smart troop. They were utilised not only in suppressing the outrages
of their fellow country-men but also in the capture of white bushrangers
..."

Whitworth.
Mr R.P.; The Treatment of the Aboriginals-1838 to 1847in Victoria
and Its Metropolis (Melbourne, 1888) Page 251

"That
there had been much pastoral settlement within the boundaries, on freehold
alienated by the Crown, is indicated by the presence there in 1843 of one-third
of the colonial flocks, which aggregated five milhon. head of sheep ... But the
Banks and the freehold pastoralists alike encouraged the movement of flocks
beyond the boundaries. An embryo flockmaster might not have much difficulty in
getting a start by placing his few sheep 'on thirds', i.e., in getting pasture
in return for a third of the flock and the increase, with a large owner, and a
contemporary squatter records, 'any man who (invests) 1,000 poundsin one of the Sydney banks will readily get credit for 3,000 pounds worth
of stock ...."

6th
July 1843
"The main point of Gipps' Despatch of April 1841- the inadmissibility of
Aboriginal Evidence – was given consideration by the British Government in
1843. An Act was passed by Parliament, and sent to Gipps to be placed before the
Legislative Council. '.. to pass Laws for the admission, in certain Cases, of
unsworn testimony Civil and Criminal proceedings, the object being to provide
for the admission of the Evidence of Aboriginal Natives. The circumstances,
which have given rise to the passing of this Act, have been so fully entered
into in previous correspondence that it is only necessary for me to instruct you
to propose to the Legislative Council of New South Wales a Law for giving effect
to the provisions of the Act of Parliament.'

[Stanley to Gipps, 6 July 1843 (HRA) 1, xxiii, p 9

]

"a small
property qualification ..."

"The
great event of Governor Gipp's time was undoubtedly the introduction of the new
Constitution, by the establishment of a Legislative Council composed of
thirty-six members, twelve of whom were to be nominated by the Crown, and the
remainder elected by those who were placed on the electoral roll, a small
property qualification being required. The new Council met on 1st
August, 1843 ... Sir George Gipps was succeeded as governor by Sir Charles
Augustus Fitzroy ... "

[Source:
Coghlan, T.A., A.M., Inst. C.E., Government Statistician; The
Wealth and Progress of New South Wales 1887-88 (Sydney: Charles Potter,
Government Printer, Phillip-Street. George Robinson and Co.,

361
George-Street. 1888) Page 23

]

“A notable
land law”

In
1843 “a notable land law came into operation ... the notable Imperial Statute
(5 & 6 Vict. C.36) which raised the upset price of Crown Lands in Australia
... to one pound an acre ... free grants might only be made to military or naval
settlers – a special privilege which was freely used and more freely abused
... Another mischievous proviso allowed special sales of large blocks of 20,000
acres and upwards to capitalists.”

"In
the House of Commons Reports, printed in 1844, will be found some three hundred
and fifty pages relative to the blacks of Victoria-letters, reports, memoranda
by hundreds of different observers, and all tell the same tale. One worthy
missionary says that 'the conduct of the females, even young children, is most
painful'. He declares they are 'cradled in prostitution and fostered in
licentiousness.' ... We cannot doubt that there were many women among the blacks
whose conduct was on the whole seemly, but as a rule they were ready enough to
offer themselves to the shepherds and stockmen on the outstations. Unfortunately
these latter were not men of gentlemanly feeling ... the only obstacle being the
discontent of the black men, for the husbands and fathers accepted the white
man's gifts as an ample equivalent ... This state of affairs was well known to
the authorities of the colony, but it is hard to see what they could have done
to prevent it, so long as there was full consent between the parties. It
sometimes happened, however, that the white men would purchase or steal a woman
and forcibly detain her. That was a matter in which the Government could
interfere. In 1837 a proclamation was published, and in 1839 it was reprinted
and made known to all the squatters, wherein it was stated that if the holder of
a license, or his overseer, was known to have detained, or permitted his men to
detain, the black women of the district at their huts, the license would be at
once withdrawn. Unfortunately there were a few cases known in which the
employers themselves joined their men in these degraded practices, for in the
first year or two there came a few squatters here and there who had sprung from
the convict ranks, and who set a bad example to those around them; but sooner or
later the majority of these had their licenses withdrawn. If we allow that there
was really no corruption of the native women, the state of affairs becomes
merely an illustration of the low moral tone prevalent in the inferior types of
humanity ... But the pity of it was that these convict shepherds were mostly men
who had been steeped in the vices of (the) great cities (of the old world) and
brought out to this sunny land, not merely degraded minds, but also bodies
tainted with indelible disease, which they transmitted tothe unfortunate women of the tribes. Among these the poison spread with
incredible virulence, , and therein lay the first of half-a-dozen causes that
marked the race from the very first for inevitable destruction. Unfortunately,
the disease spread so widely that it never could afterwards be stamped out,
though as far as white men were concerned it might have terminated in 1842 and
1843. For at that time the arrival of respectable immigrants by thousands cast a
different complexion on the morals of the bush ... by a preponderance of
respectable men in the bush the evil ways of the past times were gradually
discountenanced, and the blacks often saved from the dangers of their own
ignorance."

[Source:
Whitworth. Mr R.P.; The Treatment of the Aboriginals-1838 to 1847,in Victoria and Its Metropolis (Melbourne,
1888) Page 232-3]

[71]
Callaghan's
Acts and Ordinances,
Vol 1 1844 p373-374, in The Acts And
Ordinances of New South Wales 1 Victoria and 2 Victoria 1838, by His
Excellency Sir George Gipps with the Advice of the Legislative Council 1838 p 4
(Also Callaghan Vol 1 p 374);Queen Victoria's Ordinance of 21 May 1839, the
treatment of the Aboriginal peoples.

I
have the honor to present the following Report of my Department for the Year
1845 ...G.A. Robinson, C.P.A. ... (page missing?) about eighteen hundred, and
the tribes, East of Goulburn, and North of the mountains five hundred:-

Hitherto,
I have purposely refrained from submitting the question of Rights of the to a
Reasonable share in the Soil, from a conviction that it was not necessary,
whilst the lands of the Crown were held, under yearly License and subject to the
surveillance of Government Commissioners and second because it was not desirable
to raise what might have been considered at that time a vexatious question. Now
however that a probability exists of the waste lands being alienated and leased
to emigrants for a period of Years, I think I should be guilty of dereliction of
duty were I to omit bringing this subject under the notice of Her Majesty's
Government, and first I would respectfully suggest that land be retained to be
held by the Government for behoof (?) of the Natives.

2nd.
That the four Reserves named in margin selected by me in 1841, and sanctioned by
His Excellency for the Western District with the Reserve at the Barwon, be
retained for the purposes mentioned.

3rd.
That the Reserve for the North Western District in addition to the one at the
Loddon be selected- the same for the Goulburn and South East district including
Gipps Land -

A
Paper on the appropriation of Crown lands I beg to enclose. -

4th.
The future protection and support for the Aboriginal Natives would seem to
require fixed Localities, because the Natives would under the late Regulations
were said to have a right in the property of the Soil, and were liable to be
driven away from their own land -

He
must watch over the rights and interests of the Natives, protect them as far as
he can by his personal exertions and influence from any encroachments on their
property, and from Acts of Cruelty, oppression or injustice, and faithfully
represent their wants, wishes and grievances, if such representations be found
necessary through the Chief Protector to the Governor of the Colony8th clause
Lord Glenelg's Instructions

Gipps
to Stanley, Report on the Aborigines in the district of Murrumbidgee

26th December,1845

(in Gipps to
Stanley, 1 April 1846, Historical Records of Australia)

[Enclosure
No. 10]

MR. H.
BINGHAM TO COLONIAL SECRETARY THOMSON

Head
Quarters, Tumut River.

Sir,

I do
myself the honor to report, for the information of His Excellency the Governor.
that the Aboriginal Natives remain at present quiet, at the advanced Stations on
the Murray, Edward and Murrumbidgee Rivers; and tho' they appear at times in
very large Bodies, my Division of Mounted Police stationed in that part of my
District have preserved peace between the Natives and the Settlers during the
very anxious period when the Rivers and creeks are flooded. One Aboriginal
Native was shot dead by two Servants of Mr. Hogg on the Logan River in this
District, under circumstances which are still under continued and patient
enquiry. I regret to add that a respectable young Man, a Mr. Algeo, a
Superintendent, whom I had seen a short time previous, lost his life in crossing
one of those numerous Creeks, having been carried away by the Strong Current;
the Division of Police have lost one troop Horse by accident, from a rotten Bank
overhanging the River giving way with His weight, and apparently unable to
extricate himself from the rotten character of the Banks at both sides of the
partially flooded Waters. An attempt was said to have been made on the lives of
two Shepherds of Mr. Boyd's on the Edward River by the Aboriginal Natives, but.
assistance appearing, the Natives retired without doing any injury.

I have. &c., HENRY
BINGHAM, C.C.L.

1846

Colony of North Australia
established by Letters Patent

In 1846 a colony of North Australia was established by Letters Patent and intended for settlement. This colony included the present area of the Northern Territory. These Letters Patent were revoked in December the same year and all plans for settlement abandoned.

[New South Wales documents; Long Title: Ralph Darling's Commission as Governor of New South Wales, 1825,
Provenance: British Government, Location: State Records New South Wales, Reference:
SRNSW: X23]

Gipps
to Stanley, Report on the Aborigines of New England

[Enclosure
No. 5]

1
January 1846

MR. G.J.
MACDONALD TO COLONIAL SECRETARY THOMSON

Commissioner
of Crown Lands Office,

.New England,
1st January,1846

In attention
to your letter of the 2nd Ultimo, 1 now do myself I he honor of
transmitting you my Annual Report upon the condition of the Aboriginal Tribes
frequenting the District of New England.

It affords me
great satisfaction to be enabled again lo acquaint you that, during the past
year, no Act of outrage or violence has been committed by the Aborigines upon
the Persons or Property of the British Population, with the exception of their
occasionally spearing Cattle In the neighbourhood of the vast Ravines on
the Eastern fall of the Table Land; in every other respect the intercourse
between the Native Tribes and White population has been amicable amd friendly
compared with that of former years.

There is no
apparent decrease in the Number of the Natives and no indication of a change
for the better in Social or moral improvement in any Shape; nor indeed does
there appear to be any well grounded hope of ultimately effecting any
general amelioration in the condition of so scattered, disunited, and indolent a
race as the Papuas Australia.

I be:; to
state in conclusion that my earnest endeavours will be continued ed to promote the
harmony and good feeling, which at present animates the two Races in their
intercourse with each other, is well as to carry out in every way. that may be
in my power, the humane views and Instructions of Her Majesty's Government
on the subject of the Aborigines. 1 have. &c.

G.J.MACDONALD,
J.P., C.C.L.

Oliver
Fry, Commissioner for Crown Lands, Clarence River

[Source:
O'Sullivan, John; Mounted Police in N.S.W., Rigby (1979)]

Gipps
to Stanley, Report on the Aborigines of the Clarence River

[Enclosure
No. 3.]

Mr
O. Fry to Colonial Secretary Thomson.

Commissioner
of Crown Lands Office,

Clarence
River, 6th January. 1846.

Sir.

In
forwarding the Annual Report on the State of the Aborigines in the District of
Clarence River during the Year 1845, I regret the necessity of having lo
enumerate a series of outrages falling nothing short, either in number or
atrocity, of the melancholy catalogue furnished in my report for the year 1844.

In the month
of February, a Shepherd in the employ of Mr. Archibald Boyd was murdered at that
Gentleman's Station, on one of the Southern branches of the River Clarence, on
which occasion three and four hundred sheep were destroyed. In the March
also, one of Messrs. .Mann and Hook's Shepherds was killed, and a flock of one
Thousand sheep driven away from their Station which is situated on the same
stream as and within about thirty miles of Mr. Loyd's; by far the greater
portion of the sheep were destroyed, in consequence of the overseer's delaying
to send information of the occurrence to the Police, until the flock had been
several days in the possession of the Natives. This was an outrage of a
peculiarly distressing nature, as the unfortunate man who was murdered had hut
recently arrived from England and left behind him a wife and two infant
children.

One of the
sheep stations of Messrs. Bundock on the upper part. of the Richmond River was
twice attacked, during the mouth of .June; on the last occasion, the hut was
plundered of all its contents, and the watchman dangerously speared in three
several places. Aln Attack was also made in the same month on Mr. McLean's
Station, but no loss or injury was sustained. In addition to the above more
heinous offences, a quantity of Cattle have been killed during the year on the
respective runs of the following Gentlemen : Mr. Fawcett, Mr. Irving, Mr.
Wyndham, Mr. Eaton and Mr. E. Hamilton.

As it affords
reason to anticipate the discontinuance by the Natives in this locality of
outrages, such as I have detailed, It is some satisfaction to me to be enabled
to state that all the preceding depredations have been committed by the Tribes on the outskirts of
the District, who have
but recently come in contact with Europeans, and that
nothing can be more peaceable than the disposition evinced by the
Aboriginal inhabitants of the Interior and more settled parts of the
District.

I have,
&c.,

Oliver Fry

Gipps
to Stanley, Report on the Aborigines in the District of Liverpool Plains

[Enclosure
No.6]

10th January 1846

MR.
F. ALLMAN, JR., TO COLONIAL SECRETARY THOMSON

Border
Police Office, Liverpool Plains

Sir,

According to
I last instructions received from your Officece, dated 2nd July. 1841, covering a
despatch from Lord John Russell, I do myself the honor, for the information
of Sir George Gipps, to forward a Report of the result of my observations on the habits and condition of the Aborigines in this
District during the past
year.

I cannot say
that anything has come to my knowledge which would warrant my differing from
the opinions and views expressed in my Report of the 1st January, 1845.

I may remark
generally that instances of outrage on the part of the more distant
Tribes are becoming less frequent. Mr. Commissioner
Mitchell in the course of duty has lately entered into communication with
several Tribes, who inhabit the Darling and "Port Bourke" and
who had never before seen a while man. The information afforded by this Officer I shall have
the honor of placing before the Governor: but
the result, of all will be found that the Natives have a fixed and rooted aversion to any
settled habits, or to becoming
available for the purposes of social life.

I can
only repent that I think any Expenditure from the Land Fund would be useless.

I have, &c.,

F. ALLMAN, Junr., J.P.,
C.C.Lands.

Gipps
to Stanley, Report on the Aborigines of the Darling Downs

incomplete,
previous page missing

1
April 1846

"
... The Darling Downs District as far as I have been able to ascertain maintains
six tribes, numbering from 70 to100 for each Tribe and more than half of these
arc women and children: but: it is impossible to arrive at an accurate estimate
of their number or proportions as they amalgamate so much with the neighbouring
Tribes from Moreton Bay, The Clarence River and New England.

They are a
fine athletic race but shew no disposition to work, and are still too wild to
attempt successfully any plan of making them useful.

As yet there
are only two or three instances of their attaching themselves to a particular
Station; and. for some time to come, it is not to be expected that they will
forego their wandering habits.

I am inclined
lo hope, however, that their continual intercourse with the Europeans will work
a considerable Improvement in their conditions and habits during the course of
the present Year.

I have,
&c.,

CHAS.
ROLLESTON, Comr..

Gipps
to Stanley, Report on the Aborigines of the Macleay River

24th December 1846

[Enclosure
No. 4.]

Mr. R.G.
MASSIE TO COLONIAL SECRETARY THOMSON:

Commissioner of Crown Lands
Office, McLeay River

Sir.

In compliance
with the usual Regulations, I have the honor to forward my annual report on the
state of the Aborigines of this District

I am happy to
Inform you that I continue to retain the confidence of all the neighbouring
Tribes by steadily adhering to the principle which has guided me throughout in
the intimate connection 1 have had with the native black population of this part
of the Colony, and that they are as fully as ever impressed with the idea that,
an the retribution will be certain and heavy if they commit the slightest
aggression on the Whites, so punishment will be equally inflicted on any while
person wantonly injuring or oppressing them.

In the last
twelve months, there has been but one solitary instance of outrage on the
part of the Natives in which an unfortunate Hut keeper was severely illtreated
and the hut robbed. Two out of the three offenders 1 have already been fortunate
enough to secure, and they are now lying in Sydney Gaol awaiting trial.

There has not
been a single complaint made against any of the white population of either
cruelty or oppression upon the Natives. nor has there been any ground for
complaint.

The
collisions between different Tribes in this neighbourhood are as constant as
ever; they are however, rarely if ever attended with loss of life. At the same
time, I am anxious to suppress them as much as lies in my power, as I am not
one of those, who think they should be permitted the unrestricted exercise of
their own custom, when not immediately in the presence of Europeans or in
situations where the indulgence of them would prove dangerous to the white
population. It is a palpable absurdity to suppose that any race of people will
make any satisfactory Steps in civilization. when they are allowed by
constituted authorities the unrestrained indulgence of barbarous laws and
customs, which are in themselves totally subversive of anything approaching to
civilization.

Of the
advancement the Aborigines of this District have made in civilization.
1 have little or nothing favorable to state. Their is the same hopeless apathy
and apparent contempt of all useful arts, the same wandering and erratic
habits, the same rudeness and destitution which have been ever the
distinguishing features of the native population of Australia: and they appear
only to put a value upon an intercourse with their white Brethren as
affording them the means of indulging in propensities and injurious habits that
hitherto they have been strangers to. They have got rid of their native
simplicity and in exchange have got acquainted with every vice and profligacy
that can he instilled in their too willing cars by the lawless Stockmen
and Shepherds, who, from the nature of the Service, are generally the
forerunners of Civilization in this Colony: in fact the savage is spoiled and
the civilized man is not yet formed.

I have again
most respectfully to urge upon the attention of Her Majesty's Government the
state of the half castes, or the children of the female Natives by White
fathers, many of whom are to be met with in every District of the Colony, living
in the same destitute' and barbarous way as their Mothers. My earnest desire is
and ever has been to wean these. from the wild mode of life, which in the
natural course of events will be their fate, and to effect which there would not
he that trouble and difficulty, which attends all attempts effectually to
civilize the natives, as the half castes almost all display an aptitude to learn
and a disposition to adapt themselves to European Customs and habits,
encouraging to those who are most apathetic in such a cause. Those children
would prove hereafter a valuable medium of communication between the white and
black population and well qualified to act us Interpreters in courts of Law.

I have had a
halfcaste boy under my protection for the last three years, who displays a
greater altitude for learning than is to be met with in most white boys of his
age.

He was given
to me by a Tribe of blacks In this neighborhood in 1843. who stated that his
Mother was dead and they knew not what to do with him: since which time he has
been under my care, and. if I can be the menus of rescuing one human being from
that ignorant and wild life which under other circumstances would have been his
fate, I shall indeed esteem myself most fortunate and consider no time or
trouble 1 have bestowed misapplied.

I have,
&c. ROBERT GEO MASSIE, C.C. Lands.

Gipps
to Stanley, Report on the Aborigines in the district of Bligh

1 April 1846

[Enclosure No. 7]

REPORT on the
Aborigines by Graham D. Hunter, Commissioner of Crown lands, District of Bligh,
for the Year 1845.

In forwarding
my Report on
the Aborigines of this District, required by Circular Letter of the 2nd July.
1841, for the year ending 1845, I have the honor to submit every information
that I consider may be consistent with what is required by the Government.

The
transactions of the past year, amongst the Aborigines in the long inhabited
parts of this District, meet with little or no alteration; in almost every
station, there will be found a few of the natives employed which has been the
case for many years. The longer they are employed at these Stations, the more
useful they become, provided they are treated kindly and without abuse.

In making
this Report at present, I am sorry I cannot forward so favorable an account of
those who inhabit more distant parts where new Stations are formed; for some
considerable time back I have been in constant communication with the adjoining
Commissioner (at Wellington) so as to afford every protection to both
the white and the black people, there being a large portion of the Districts
far in the interior much disturbed; but by keeping Mounted police on patrol
constantly in the neighbourhood, we have succeeded in securing those parts from
further aggression.

I cannot
state with any accuracy as to the number of the Aborigines in this District; in
some parts they are more numerous than in others. Where stations have been
formed for any length of time, their numbers appear to decrease. I am not aware
of any particular cause this arises
from. It may be said that intoxicating liquor is the reason, but in many parts
of the Country seldom or ever spirits are to be found, and yet the Aborigines
are on the decrease.

The prospect
of the Aborigines of this Country being brought into a slate of civilization. I
am afraid will he a more difficult task than is generally supposed: and, without
civilization, we cannot look forward to advancement. When the children are taken
and put to school. their abilities are found equal to any and become soon
perfectly reconciled to the customs of the white people.

I have at
various times used my endeavours to cause them to part with their children (more
especially as there are many half caste children amongst them) that they might
be sent to some school ; but in few instances am I aware of any person having
succeeded in persuading them: to take their children by force would be, I
consider, against the wishes of Government and my general Instructions.

Since I had
had the appointment of Crown Land Commissioner, there has generally been one of
the Aborigines attached to the party, who remains perfectly reconciled so long
as the other blacks do not interfere or urge him to go to the bush; on such
occasions it being their wish to go, I have given leave without
hesitation. By so doing. I find they will return much sooner, not being longer
absent in many cases than three or four days.

It would be
worthy to remark by my experience for the last six years that the Aborigines can
by a proper treatment be made of great benefit, more particularly at Police
Stations where I consider their services almost indispensable from the
character of the country and the extraordinary duties that have to be performed
by Mounted Police, when on bush duty. Their services are then of great
importance, without which in many instances it would be almost impossible to
arrive at a satisfactory conclusion.

GRAHAM D.
HUNTER, C.C.L.

Gipps
to Stanley, Report on the Aborigines in the district of Wellington

15th January,
1846

[Enclosure
No. 8]

MR. W.H. WRIGHT TO COLONIAL SECRETARY THOMSON

Commissioner
of Crown Lands Office, Wellington,

Sir,

In
compliance with the directions contained in your letter of the 2nd
July, 1841, have the honor to forward, for
the information of His Excellency the Governor, my annual Report on
the State of the Aborigines in this
District.

With
reference to the number of Aborigines within my Distric. I am disposed to think
that in my former Reports I have formed rather an over Estimate; and that eight
hundred (800) may be considered as the actual number of those formerly included
; one hundred may more properly be considered as belonging to the Districts
within the boundaries of location, and the blacks of the Bogan I do not believe
so numerous as I reported. Four hundred (400) may be considered as occupying the
most settled parts of the District, and in a great measure attached to the
different Stations from which they derive and look for their principal
subsistence. The other portion occasionally visit the Stations and obtain food whilst they remain; but their general mode
of life is little affected by the vicinity of -the Whites. These generally known
as "Myall ' or wild blacks are joined at certain periods by large parties
of Aborigines frequenting the country westward of the settled portions as far us
the Darling River, when as many as one hundred and fifty or two hundred men are
sometimes assembled besides Women and Children.

The
Aborigines inhabiting the settled part of the District are generally in small
parties or one family at each Station, where one or more are employed by the
Settlers in carrying water, herding the Milch Cows, or similar jobs, for which
they receive Slops, Tobacco and food. For sheep washing or other regular
employment for short periods, they are sometimes engaged and receive wages in
money; but the customs of the Natives prevent a permanent engagement on
their part except in one or two instances, where individuals have disregarded
their old superstitions; for in general they dare not, if called upon by the Old
men of the Tribe, refuse to join in their meetings for "making young men''
and performing other rites. They are however extremely useful to the Settlers
and receive from them kind treatment.

I regret to
have to report that during the past Year the "Myall" Tribes or those
of the unsettled portions of the District have committed many outrages on the
persons and properly of the Settlers on the Macquarie River, and have evinced a
boldness and determination which I believe lo have been unprecedented amongst
the Aborigines.

From the time
(Octr., 1844) that, the Gerawhey Blacks drove Mr. Kinghorne's Superintendent and
men from his Station in the flood which then covered the Country, Aborigines of
that Tribe have been constantly threatening and actually committing depredations
on the Settlers, and Warrants for the apprehension of eight individuals of that
Tribe were issued. But, although fully aware of the fact and its intention, from
the secure retreat they possessed among the Macquarie Marshes and being
generally informed of the approach of any policemen, they only become bolder,
and. in September last, had assembled to the number of about forty men at a
Station near Mount Foster, which they had stated their determination to plunder
as soon as the dray which had brought the Supplies and its attendants should
return.

At this
juncture, a party of Mounted Police under Sergeant Anderson who had information
of their intention came upon them; mid. as most of the individuals named in the
Warrants (which he held) were identified amongst the Tribe, he endeavoured
to capture them, but being attacked and one of his party wounded he was
compelled to fire. I. is to be lamented that as many as ten Natives were shot in
this encounter with the Police. At the same time I am convinced that, but for
the appearance of the Police at this time and the Check given to the Aborigines,
they would have pillaged many of the lower Stations and in all probability have
murdered some of the Inhabitants.

Immediately
before this a body of blacks assembled from the Bogan, Lachlan, and country
between the Macquarie and Darling Rivers, and among them I regret to say several
of the Aborigines looked upon as domesticated, in all one hundred and fifty or
two hundred men.

On the 19th
August, they came on the Macquarie and during that and the following day they
plundered five Stations.

They were
pursued by two of the Bligh District Border Police and a party of Settlers, who,
after an obstinate resistance by the Natives, two of whom were shot, recovered
some of the stolen properly.

For
particulars of the subject of the two last paragraphs. I beg to refer His
Excellency the Governor to my Letters of the 3rd and 20th September and 20th
December last.

It is
impossible but that the many annoyances and alarms, to which the Settlers on the
Lower Macquarie have been subjected by the "Myall" tribes, has
produced a feeling of animosity and dislike towards those Aborigines; but I am
happy to say that it has made them more sensible of the value, of those
Aborigines who have been faithful to them; and I fully hope, that the detachment
of police now stationed on the Macquarie River at Warran will deter the Natives
from repeating outrages, whilst the Settlers, in the increased security they
will feel, will be more disposed to forget injuries and carry on a friendly
intercourse with the Myall Tribes if they appear at the Stations.

W.H. WRIGHT,
Commr. of C. Lands.

Gipps
to Stanley, Report on the Aborigines in the district of Lachlan

3rd January,
1846

[Enclosure.
No.9]

MR.
E. BECKHAM TO COLONIAL SECRETARY THOMSON.

Commissioner
of Crown Lands Office. Binalong.

Sir,

In compliance
with the order contained in your circular of the 2nd December, 1845, I
do myself the honor to forward the accompanying Annual Report on the State of
the Aborigines inhabiting the Lachlan District for the Year ended the 31st
December, 1845.

1
have. &c.

EDGAR
BECKHAM, C. C. Lands,
Lachlan District.

Report upon the condition, etc., of the Aborigines inhabiting
the Lachlan District during the year 1845.

Question 1.
Relating to the condition of the Natives.

I do not
consider the condition of the Aborigines in any way improving, neither do their
habits change, nor do I think it probable that any improvement will take place
so long as they possess their present spirit for a wandering life; and I deem it
quite impossible to induce them entirely to resign and forget their natural
habits. I have known instances of children, having been brought up at Stations
until they attained the age of fifteen or sixteen without ever mixing with their
tribe, leave their Master and adopt the wild bush life. The natives, who are
termed civilized "which are those who frequent the Settlers' Huts"
cannot lie induced to follow any settled employment.

Question 7.
Their Numbers. There are about seven hundred Aborigines in the Lachlan

Question 3. Residence of any particular place.
The Blacks have no fixed place of
residence, although each tribe have their
own particular portion of a River and Country, which they seldom
leave for any long period except for the purpose of attacking some neighbouring tribe or holding a .Jubilee. They
wander from place to place in their own district, generally forming their camps
in the vicinity of some Station.

Question 4.
The social condition of the Natives.

The Natives
lead a desultory life, both sexes mixing indiscriminately in the same camp
which they form with bark or boughs. Many of the men have from four to six
wives, which they call "Gins." Some few lives are lost in the
engagements which often take place between the tribes of adjoining districts for
the sake of the Gins.

Question 5. The present state and prospect of the natives.

Their
present state is but little changed from what it originally was, and I do not
consider their future prospects likely to improve so long as they continue in
their present uncivilized state. The Settlers generally treat the Natives with
great kindness in giving them provisions, Blankets. Tobacco, etc., which tends
in a great measure to deter the natives from spearing and destroying the Stock,
and prevents many disputes and collisions which might otherwise occur between
the Settlers and Aborigines; as the Country becomes inhabited by Europeans, the
Natives Gradually disappear.